Barrett's Estate
Superior Court of Pennsylvania
Appeal, No. 168, Oct. T., 1902, by Norristown Trust Company, guardian of Elsie Barrett and Lottie Barrett, minors, from decree of O. C. Montgomery Co., dismissing exceptions to adjudication in estate of Jesse Barrett, deceased. Exceptions to adjudication. Before Vosburg, P. J., specially presiding. The facts appear by the opinion of tbe Superior Court. Error assigned was in deciding that the legacies to Elsie, Lottie and Edward Barrett must abate.
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Appeal, No. 168, Oct. T., 1902, by Norristown Trust Company, guardian of Elsie Barrett and Lottie Barrett, minors, from decree of O. C. Montgomery Co., dismissing exceptions to adjudication in estate of Jesse Barrett, deceased. Exceptions to adjudication. Before Vosburg, P. J., specially presiding. The facts appear by the opinion of tbe Superior Court. Error assigned was in deciding that the legacies to Elsie, Lottie and Edward Barrett must abate. If stock or money be specifically given in fractional parts, and if the person to whom the last fraction or part is given he appointed to take it…
1Opinion of the Court
Opinion by
Smith, J.,
In the case before us, the testator, having in bank a deposit of $2,415.38, by his will .thus disposed of it:
“2.1 give, devise and bequeath to each of my granddaughters, Elsie and Lottie Barrett, the sum of four hundred ($400) dollars, and to my grandson Edward Barrett the sum of three hundred ($300) dollars.
“ 3. I order and direct that the above bequests shall be paid out of the sum of money now standing in my name and on deposit at the Montgomery Insurance, Trust and Safe Deposit Company, of Norristown, Pa.
“ 4. The rest, residue and reminder of said deposit, after the…
2Cases cited4 opinions
- Grim's AppealSupreme Court of Pennsylvania · 1879
- Rewalt v. UlrichSupreme Court of Pennsylvania · 1854
- Wilson v. McKeehanSupreme Court of Pennsylvania · 1867
- McFarland's AppealSupreme Court of Pennsylvania · 1860
3Cited by1 opinion
- Mifflin's EstateSuperior Court of Pennsylvania · 1912