Bailey's Estate
Superior Court of Pennsylvania
Appeal, No. 73, April T., 1916, by Francis Rea Bailey, from decree of O. C. Washington Co., Nov. T., 1914, No. 33, dismissing exceptions to auditor’s report in case of Mary Elizabeth Bailey, deceased. Exceptions to report of Harry D. Hamilton, Esq., auditor.
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Appeal, No. 73, April T., 1916, by Francis Rea Bailey, from decree of O. C. Washington Co., Nov. T., 1914, No. 33, dismissing exceptions to auditor’s report in case of Mary Elizabeth Bailey, deceased. Exceptions to report of Harry D. Hamilton, Esq., auditor. McIlvaine, P. J., filed the following opinion; Mary Elizabeth Bailey died on the 8th day of July, 1911, leaving to survive her an only child, Francis Rea Bailey, who is married, and at the time of her death had two children living, to wit, Olive Elizabeth, born on April 16, 1903, and Florence Eveline, born on April 26, 1911; he has had…
1Opinion of the Court
Opinion by
Williams, J.,
The six assignments of error will be considered together, as they raise but a single question, viz: What estate did the appellant take under his mother’s will? The answer must be found in the second and sixth clauses of the will, which are as follows: “Second. I give, bequeath and devise to my son, Francis Bay Bailey all income of all my real estate, Bonds, Mortgages, Notes, etc., during his natural lifetime, at his death all my real estate, Bonds, Mortgages, Notes, etc., shall be sold within two years and all moneys received from sale of such real estate, Bonds,…
2Cases cited2 opinions
- Eshbach's EstateSupreme Court of Pennsylvania · 1900
- Xander v. Easton Trust Co.Supreme Court of Pennsylvania · 1907
3Cited by1 opinion
- Voelker v. EdgarSuperior Court of Pennsylvania · 1917