Baskin's Appeal
Supreme Court of Pennsylvania
This was an appeal by Oliver Baskin, from the decree of the Orphans’ Court of Dauphin county, confirming the report of the auditor appointed to distribute the balance in the hands of Oliver Baskin, executor of the last will and testament of William Wilson, deceased.
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This was an appeal by Oliver Baskin, from the decree of the Orphans’ Court of Dauphin county, confirming the report of the auditor appointed to distribute the balance in the hands of Oliver Baskin, executor of the last will and testament of William Wilson, deceased. It appeared from the statement of facts, as made by the auditor, that on the 17th day of February, 1843, William Wilson made his last will and testament in writing, which, after the usual introduction, and a clause relating to the payment of his debts, &c., proceeded as follows:— “ Then my will is, that my daughter Elizabeth,…
1Opinion of the CourtRogers, J.
The intention of the testator, to be collected from the whole will, must govern the .construction; and from the whole instrument, taken together, we are of the opinion that the testator has reference to the intestate laws, by which his estate will be ■divided among his children and grandchildren, per stirpes. After making certain bequests, he directs the remainder of his goods, stocks, See.,Jo be appraised and equally divided among the heirs. By these expressions, he means, his own heirs, which can only be ascertained by resorting to the statute of distribution, as has often been done in…
2Cited by12 opinions
- Gilmor's EstateSupreme Court of Pennsylvania · 1893
- Hamilton EstateSupreme Court of Pennsylvania · 1973
- Davis's EstateSupreme Court of Pennsylvania · 1935
- Hoch's EstateSupreme Court of Pennsylvania · 1893
- Webb's EstateSupreme Court of Pennsylvania · 1915
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