Legal Opinion

Duckett's Estate

Supreme Court of Pennsylvania

Decided March 12, 1906No. Appeal, No. 366PublishedCited by 15 opinions

Appeal, No. 366, Jan. T., 1904, by-Joseph Stelwagon et al., from decree of O. C. Phila. Co., April T., 1880, No. 257, dismissing exceptions to adjudication in Estate of Joseph H. Duckett, deceased. Exceptions to adjudication.

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Appeal, No. 366, Jan. T., 1904, by-Joseph Stelwagon et al., from decree of O. C. Phila. Co., April T., 1880, No. 257, dismissing exceptions to adjudication in Estate of Joseph H. Duckett, deceased. Exceptions to adjudication. The material portions of the will of the testator were as follows: “ 3. I give and bequeath to my daughter, Sarah Duckett, the sum of $1,000 to be paid to her immediately after my decease as an equivalent for gifts by me to my other children made during my lifetime and, in the event of my said daughter Sarah Duckett dying before me leaving issue, then the same to be paid…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The matter in dispute here is the proper method of the distribution of the testator’s estate. The testator, Joseph H. Duckett, died April 5, 1867, leaving to survive him- a widow, Harriet E., who died September 24, 1872, and three children (1) Sarah A., who died unmarried and without issue April 6, 1904; (2) Margaret W. Stelwagon, who died November 28, 1889, leaving nine children, ’ namely, William H., Robert P., Henry W., John W., Joseph Weightman and Frank M. Stelwagon, Harriet S. Mullen and Margaret S. Craig, all of whom are now living, and (8) William H.…

2Cited by15 opinions

  1. Wanamaker EstateSupreme Court of Pennsylvania · 1960
  2. Mayhew's EstateSupreme Court of Pennsylvania · 1931
  3. Rosengarten EstateSupreme Court of Pennsylvania · 1944
  4. Middletown Trust Co. v. GaffeySupreme Court of Connecticut · 1921
  5. Hamilton EstateSupreme Court of Pennsylvania · 1973

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