Legal Opinion

Stewart's Estate

Supreme Court of Pennsylvania

Decided April 17, 1916No. Appeal, No. 232PublishedCited by 26 opinions

Appeal, No. 232, Jan. T., 1915, by Hettie J. Stewart, Caroline S. Shaffner, Albert C. Stewart, Henry A. Stewart and Bertha H. Stewart, from decree of O. C. Delaware Co., No. 10318, dismissing petition for an injunction, in Estate of Henry Stewart, Deceased. Petition for an injunction to restrain respondents from producing and probating a will. Before Broomall, J. The opinion of the Supreme Court states the facts. The court dismissed the petition. Petitioners appealed.

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Appeal, No. 232, Jan. T., 1915, by Hettie J. Stewart, Caroline S. Shaffner, Albert C. Stewart, Henry A. Stewart and Bertha H. Stewart, from decree of O. C. Delaware Co., No. 10318, dismissing petition for an injunction, in Estate of Henry Stewart, Deceased. Petition for an injunction to restrain respondents from producing and probating a will. Before Broomall, J. The opinion of the Supreme Court states the facts. The court dismissed the petition. Petitioners appealed. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This is an appeal from 'a decree refusing to restrain the probate of a will.

Henry Stewart died testate January 24, 1915, leaving a widow and four children. His will, not yet probated, after providing for payment of debts and specific legacies to the widow, proceeds as follows, viz: (Paragraph (4)

“All the rest, residue and remainder of my estate, real, *279personal and mixed, of every kind and description and wheresoever situate, I give, devise and bequeath unto Joseph T. Jackson, of the City of Philadelphia, in trust nevertheless for the following uses and purposes:
“F…

2Cases cited14 opinions

  1. Spring's EstateSupreme Court of Pennsylvania · 1907
  2. Harrar's EstateSupreme Court of Pennsylvania · 1914
  3. Rife v. GeyerSupreme Court of Pennsylvania · 1868
  4. Holbrook's EstateSupreme Court of Pennsylvania · 1905
  5. Culbertson's AppealSupreme Court of Pennsylvania · 1874

9 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. Fletcher v. Los Angeles Trust & Sav. BankCalifornia Supreme Court · 1920
  2. In Re Estate of SwansonSupreme Court of Iowa · 1948
  3. Moxley v. Title Insurance & Trust Co.California Supreme Court · 1946
  4. Rickenbach EstateSupreme Court of Pennsylvania · 1943
  5. Stafford's EstateSupreme Court of Pennsylvania · 1917

21 more not listed; retrieve them via the Exa API.

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