Faries' Appeal
Supreme Court of Pennsylvania
Appeal by William Faries, administrator of the estate of his deceased wife’Elizabeth, from the decree of the Orphans’ Court of Philadelphia making distribution of the estate in his hands.
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Appeal by William Faries, administrator of the estate of his deceased wife’Elizabeth, from the decree of the Orphans’ Court of Philadelphia making distribution of the estate in his hands. Grace Brannan, by will dated May 21,1838, had appointed Mrs. Faries her executrix and residuary devisee and legatee, leaving the property to her, “ and to her heirs, executors, administrators, and assigns, for her own sole and separate use, as fully and freely to all intents and purposes as if she were a feme sole, and so that the same shall not be liable for any contracts of her present or any future…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
This is nothing like a devise or bequest of a remainder or residue to the next of kin on the death of the first taker without having made an appointment, and cases of that character (3 Ves. Jr. 244; 15 Id. 537; 18 Id. 49) cannot aid us here. Setting aside all the words that are appropriate to the real estate alone, the language as to the personal property constitutes a bequest of it all to Mrs. Earies and her executors and administrators for her separate use, as if she were unmarried. All tho words beyond this are mere redundancy.
Assuming,…
2Cited by2 opinions
- Rank v. RankSupreme Court of Pennsylvania · 1888
- Palmer's EstatePennsylvania Orphans' Court, Philadelphia County · 1927