Estate of Batione
Pennsylvania Orphans' Court, Philadelphia County
Nos. 330, 330½ January Term 1889, Sup. Ct.; court below, No. 34 October Term 1878, O. C. On November 12, 1888, the account of the Fidelity Insurance, Trust & Safe Deposit Company, substituted trustee under the will of Dominick B. Batione, deceased, was called for audit, when the following facts were made to appear: Dominick Batione died September 5,1878, leaving a widow, Constance L. Batione, and two children, Modesta and Benicia, both of whom were minors.
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Nos. 330, 330½ January Term 1889, Sup. Ct.; court below, No. 34 October Term 1878, O. C. On November 12, 1888, the account of the Fidelity Insurance, Trust & Safe Deposit Company, substituted trustee under the will of Dominick B. Batione, deceased, was called for audit, when the following facts were made to appear: Dominick Batione died September 5,1878, leaving a widow, Constance L. Batione, and two children, Modesta and Benicia, both of whom were minors. Benicia was born after the date of his will and was not provided for therein. Said will bore date June 3, 1876, and by it the testator…
1Opinion of the Court
Opinion,
Mr. Justice Green:
The contingency, upon the happening of which Pedro Salome was to have an interest in the estate of the testator, has actually occurred; and, if there is any part of the estate accessible to him, he should have it in accordance with the precise terms of the will, unless there is some very good reason for excluding him. That contingency is thus expressed in the will: “In the event of my dear wife outliving our child, Modesta, at my wife’s death two thirds of the whole estate (■§) is to be equally divided amongst my father and sisters then living, the remaining one…
2Cases cited4 opinions
- McCall's AppealSupreme Court of Pennsylvania · 1878
- Sandoe's AppealSupreme Court of Pennsylvania · 1870
- Gallagher's AppealSupreme Court of Pennsylvania · 1878
- Montgomery v. PetrikenSupreme Court of Pennsylvania · 1858
3Cited by4 opinions
- Latta v. BrownTennessee Supreme Court · 1896
- Meek v. TrotterTennessee Supreme Court · 1915
- Leven Good's EstateSuperior Court of Pennsylvania · 1909
- Evans's EstateSupreme Court of Pennsylvania · 1892