Penney's Estate
Supreme Court of Pennsylvania
Appeal,. No. 299, Oct. T., 1893, by Olive J. Smith, a legatee, from decree of O. C. Allegheny Co., March T., 1893, No. 54, sustaining exceptions to adjudication of account of Thomas Penney, deceased. Exceptions to adjudication. From the record it appeared that Thomas Penney died on June 18,1891, leaving a will by which he directed as follows: “ Sixth.
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Appeal,. No. 299, Oct. T., 1893, by Olive J. Smith, a legatee, from decree of O. C. Allegheny Co., March T., 1893, No. 54, sustaining exceptions to adjudication of account of Thomas Penney, deceased. Exceptions to adjudication. From the record it appeared that Thomas Penney died on June 18,1891, leaving a will by which he directed as follows: “ Sixth. I will that all other real estate or property I may have at the time of my death shall be converted into cash, and that the balance that shall remain of my estate after paying the above named legacies and funeral expenses, and for a tombstone or…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The words of the will are “shall be distributed share and share alike to the following persons, if they are living at the time of my death, namely: to my sister M. one share, and to my step-daughter O. one share.” So far the indication clearly is of a distribution per capita. The other distributees in the testator’s mind were his nephews and nieces. Had he mentioned them as a class, “ nephews and nieces then living one share,” he would undoubtedly have changed the presumption to be drawn up to this point and have indicated a division per stirpes. But as if to…
2Cases cited4 opinions
- Minter's AppealSupreme Court of Pennsylvania · 1861
- Osburn's AppealSupreme Court of Pennsylvania · 1883
- Young's AppealSupreme Court of Pennsylvania · 1877
- Ege v. BarnitzSupreme Court of Pennsylvania · 1848
3Cited by10 opinions
- Meglemry v. MeglemrySupreme Court of Alabama · 1931
- Bechtel, Exr. v. FetterSupreme Court of Pennsylvania · 1920
- Trustees of University of Wyoming v. EadieWyoming Supreme Court · 1936
- Pitts v. OliverSouth Dakota Supreme Court · 1900
- Miller's EstateSuperior Court of Pennsylvania · 1904
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