Bedford's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lancaster county. This was an appeal by Ann E. Bedford, from the decree of the court below, directing John Gr. Offner, executor of the last will .®f Mary Dickson, to pay over without security a legacy bequeathed by said will to Mary Josephine Hooker.
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Appeal from the Orphans’ Court of Lancaster county. This was an appeal by Ann E. Bedford, from the decree of the court below, directing John Gr. Offner, executor of the last will .®f Mary Dickson, to pay over without security a legacy bequeathed by said will to Mary Josephine Hooker. The material portions of the will of Mary Dickson, which was admitted to probate March 19th 1859, were as follows:— “ Fourth — I bequeath to my granddaughter Mary Josephine Hooker, three thousand two hundred and forty-one dollars and sixty-six cents, it being one-third part of the proceeds of the sale of my real…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
The court below was of opinion that the limitation over'on the death of Mary Josephine Hooker without children was a limitation after an indefinite failure of issue, and therefore too remote. The objections to this are twofold. It confounds the word “children” with “issue,” while the one is ordinarily a word of personal description, and the other ex proprio vigore indicates succession. Doubtless the word children may be construed to mean issue when the context of the will affirmatively shows that the testator intended to use it in that…
2Cases cited1 opinion
- Executors of Moffat v. StrongNew York Supreme Court · 1813
3Cited by4 opinions
- Ashhurst's EstateSuperior Court of Pennsylvania · 1938
- Stoner v. WunderlichSupreme Court of Pennsylvania · 1901
- McClintic v. McClinticSupreme Court of Pennsylvania · 1917
- Coble's EstatePennsylvania Orphans' Court, Franklin County · 1947