Legal Opinion

Doyle's Estate

Superior Court of Pennsylvania

Decided July 13, 1905No. Appeal, No. 164Published

Appeal, No. 164, April T., 1904, by Catharine Doyle, from decree of O. C. Armstrong Co., June T., 1903, No. 14, sustaining exceptions to auditor’s report in Estate of Michael Callahan, deceased. Exceptions to report of J. W. King, Esq., auditor. From the record it appeared that on February 24, 1899, Michael Callahan executed his last will and testament as follows: “ I, Michael Callahan in the name of God, Amen.

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Appeal, No. 164, April T., 1904, by Catharine Doyle, from decree of O. C. Armstrong Co., June T., 1903, No. 14, sustaining exceptions to auditor’s report in Estate of Michael Callahan, deceased. Exceptions to report of J. W. King, Esq., auditor. From the record it appeared that on February 24, 1899, Michael Callahan executed his last will and testament as follows: “ I, Michael Callahan in the name of God, Amen. Being frail of body but strong of mind and not knowing the time God may call me hence, I make this my last will and testament, revoking all former wills. I direct that I be buried in…

1Opinion of the Court

Per Curiam,

This appeal raises the question of the proper construction of the will of Michael Callahan, deceased.

The various clauses thereof, relating to the disposition of his estate, were held by the auditor who distributed the estate to be repugnant.

After the distribution of so much of the estate as was necessary for the payment of debts, the balance was awarded to the administrator of Michael Callahan “to be used for the keeping and maintaining of Grace D. Callahan, widow of Michael Callahan, and for the paying thereout of her doctor bills and funeral expenses; and, after her death, the…

2Cases cited2 opinions

  1. Lessee of Findlay v. RiddleSupreme Court of Pennsylvania · 1810
  2. Jones' AppealSupreme Court of Pennsylvania · 1855

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