Legal Opinion

Appeal of Getz

Supreme Court of Pennsylvania

Decided April 22, 1889No. 231PublishedCited by 3 opinions

PROM THE DECREE OP THE ORPHANS’ COURT OP PHILADELPHIA COUNTY. No. 231 January Term 1889, Sup. Ct.; court below, No. 13 July Term 1880, O. C. On October 19,1886, the account of the Pennsylvania Company for Insurance on Lives and Granting Annuities, as trustee for Caroline E. Getz and Thomas H. DeSilver, under the will of George P. DeSilver, deceased, was filed, and on November 4, 1886, it was called for adjudication before Hanna, P. J. The trust arose under the will of George…

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PROM THE DECREE OP THE ORPHANS’ COURT OP PHILADELPHIA COUNTY. No. 231 January Term 1889, Sup. Ct.; court below, No. 13 July Term 1880, O. C. On October 19,1886, the account of the Pennsylvania Company for Insurance on Lives and Granting Annuities, as trustee for Caroline E. Getz and Thomas H. DeSilver, under the will of George P. DeSilver, deceased, was filed, and on November 4, 1886, it was called for adjudication before Hanna, P. J. The trust arose under the will of George P. DeSilver, who died in May, 1873, leaving a widow who afterwards married Jean Ernest Aubert, and died on August 2,…

1Opinion of the Court

Opinion,

Mr. Chief Justice Paxson :

It was decided in Aubert’s Appeal, 119 Pa. 48, that the principal of the fund in controversy could not be distributed until after the death of Mrs. Getz. In the meantime no disposition was made by the testator of the share of the income given to Thomas II. DeSilver, who died September 16, 1886, without leaving issue him surviving. The court below held that this was a contingency not provided for by the testator, and that as to said income he died intestate. The amount of income for distribution, as shown by the account, was only @1.74, which the court…

2Cases cited1 opinion

  1. Aubert's AppealSupreme Court of Pennsylvania · 1888

3Cited by3 opinions

  1. Knox's Estate (No. 2)Supreme Court of Pennsylvania · 1937
  2. Card's Estate (No. 1)Supreme Court of Pennsylvania · 1939
  3. Boswell's EstatePennsylvania Orphans' Court, Philadelphia County · 1940

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