Martha May's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Ohester county. This was an appeal by Martha E. May from the decree of the Orphans’ Court, distributing the estate of Samuel Shaffer, deceased.
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Appeal from the Orphans’ Court of Ohester county. This was an appeal by Martha E. May from the decree of the Orphans’ Court, distributing the estate of Samuel Shaffer, deceased. The following are the material facts of the case, as disclosed by the able report of the auditor (P. Frazer Smith, Esq.), to whom the case was referred:— “ Samuel Shaffer died April 26th 1856, having made his will, dated September 26th 1855, and proved May 14th 1856, of which he appointed Addison May, Joseph Neide, and Henry Shaffer, the' executors. Letters testamentary were granted to Addison May and Joseph Neide. “…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
This case is not free from difficulty, but we think it was rightly decided. It is conceded that if a legacy be given to one by name, and in the event of his death to another, the alternative gift will take effect, if the first legatee die even in the testator’s lifetime. But it is argued that this rule is not applicable to legacies to a class, the constituents of which cannot be ascertained until the death of the testator, or some subsequent period. It is said that Samuel J. Neide, who died in the lifetime of his grandfather, was no legatee,…
2Cited by10 opinions
- Elkins' EstateSupreme Court of Pennsylvania · 1940
- Hurd's EstateSupreme Court of Pennsylvania · 1931
- Walker's EstateSupreme Court of Pennsylvania · 1942
- Harrison's EstateSuperior Court of Pennsylvania · 1902
- Mifflin's EstateSupreme Court of Pennsylvania · 1924
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