Legal Opinion

Kline's Appeal

Supreme Court of Pennsylvania

Decided May 6, 1878PublishedCited by 7 opinions

Appeal from the Orphans’ Court of Berks county: Of January Term 1878. Nos. 13 and 96. Appeal of B. M. Kline from the decree of the court dismissing his exceptions to, and- confirming the report of the auditor appointed to make final distribution of the estate of George Seibert, deceased.

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Appeal from the Orphans’ Court of Berks county: Of January Term 1878. Nos. 13 and 96. Appeal of B. M. Kline from the decree of the court dismissing his exceptions to, and- confirming the report of the auditor appointed to make final distribution of the estate of George Seibert, deceased. The testator died in 1866, leaving a will, wherein he bequeathed his residuary estate to several persons, among whom was his sister, whom he variously designated in his will as Christiana and Catharine. Among the provisions of the will was the following:— “ And it is also my will and desire, and I do hereby…

1Opinion of the CourtJustice Mercur

The first question we will consider is whether the appellant took as a residuary legatee, under the last will and testament of George Seibert ?

By his original will of the 7th of November 1861, the testator disposed of his whole estate. After several specific devises, he devised all his residuary estate to Christiana Kline, and divers other persons named, to be equally divided among them, share and share alike. He further proceeded to say, “ it is also my will and desire, and I do hereby order and direct, that the share of the said Christiana Kline shall remain in the hands of my…

2Cited by7 opinions

  1. Edwards EstateSupreme Court of Pennsylvania · 1948
  2. Kellerman's EstateSuperior Court of Pennsylvania · 1913
  3. Grothe's EstateSupreme Court of Pennsylvania · 1912
  4. Baker v. SmallSuperior Court of Pennsylvania · 1901
  5. Jacoby's EstateSupreme Court of Pennsylvania · 1907

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