Green's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Bucks county. These were appeals by J. B. Green and others, and by Edwin Satterthwaitlie and others, from the decree of the Orphans’ Court, distributing the fund in the hands of Nathaniel F. Kinsey and Stephen Foulke, executors of Mary Paul, deceased.
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Appeal from the Orphans’ Court of Bucks county. These were appeals by J. B. Green and others, and by Edwin Satterthwaitlie and others, from the decree of the Orphans’ Court, distributing the fund in the hands of Nathaniel F. Kinsey and Stephen Foulke, executors of Mary Paul, deceased. The case was this: Mary Paul died April 29th 1859, leaving a will, which was duly admitted to probate, containing, among others, the following bequests :— “ I, Mary Paul, of Richland township, Bucks county, and state of Pennsylvania, widow, being of sound and disposing mind and memory, do make and put in writing…
1Opinion of the Court
The opinion of the court was delivered, February 10th 1862, by
Lowrie, C. J.
In strict propriety, and in legal usage, it is only the children of brothers and sisters that are called nephews and nieces, and it is only by courtesy that the children of a husband’s or wife’s brothers and sisters are so called; just as it is in relation to a husband’s or wife’s father and mother. On a strict interpretation, therefore, the bequest of this testatrix to all her nephews and nieces, excludes, or rather does not include, the nephews and nieces of her late husband. By itself, the clause is without any…
2Cited by10 opinions
- Estate of RootSupreme Court of Pennsylvania · 1898
- Meglemry v. MeglemrySupreme Court of Alabama · 1931
- Fedi v. RyanSupreme Court of New Jersey · 1937
- Wittmer EstateSuperior Court of Pennsylvania · 1942
- Estate of Sarah R. LambertonSuperior Court of Pennsylvania · 1932
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