Kountz's Estate
Supreme Court of Pennsylvania
Appeals, Nos. 107, 108, 109 and 110, Oct. T., 1905, by Caroline B. Jones et al., from decree of O. C. Allegheny Co., Sept. T., 1904, No. 346, dismissing exceptions to adjudication in Estate of Peninah W. Kountz, deceased. Exceptions to adjudication. The facts appear by the opinion of the Supreme Court. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Me. Justice Pottee,
The question in this case is whether the trust created by the will of testatrix violates the rule against perpetuities.
Mrs. Peninah W. Kountz died in November, 1899, survived by her husband, W. J. Kountz, and five children. A sixth child, W. J. Kountz, Jr., died three months before his mother. By her will, dated January 8, 1898, Mrs. Kountz appointed *392her husband, William J. Kountz, executor and devised and bequeathed her residuary estate, as follows :
“ Fifth: The rest of my estate I give to my husband in trust for my children and grandchildren.
“ Sixth: He shall…
2Cases cited5 opinions
- Doe v. ConsidineSupreme Court of the United States · 1868
- George Johnston's EstateSupreme Court of Pennsylvania · 1898
- Moore v. SmithSupreme Court of Pennsylvania · 1840
- Gerber's EstateSupreme Court of Pennsylvania · 1900
- Brown v. LawrenceMassachusetts Supreme Judicial Court · 1849
3Cited by49 opinions
- Feeney's EstateSupreme Court of Pennsylvania · 1928
- Anderson v. MenefeeCourt of Appeals of Texas · 1915
- Shufeldt v. ShufeldtWashington Supreme Court · 1924
- Lilley's EstateSupreme Court of Pennsylvania · 1922
- Fulton v. FultonSupreme Court of Iowa · 1917
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