Alburger's Estate
Supreme Court of Pennsylvania
Appeals, Nos. 41 and 199, by Estelle Alburger Derr, posthumous grandchild, from decree of O. C., Phila. Co., June T., 1900, No. 250, dismissing exceptions to adjudication, in estate of Philip H. Alburger, deceased. Exceptions to adjudication of Gest, J. The opinion of the Supreme Court states the facts. Exceptions dismissed in opinion by Lamorblle, P. J. See 30 Pa. Dist. R. 301. Estelle Alburger Derr, posthumous grandchild, appealed.
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Appeals, Nos. 41 and 199, by Estelle Alburger Derr, posthumous grandchild, from decree of O. C., Phila. Co., June T., 1900, No. 250, dismissing exceptions to adjudication, in estate of Philip H. Alburger, deceased. Exceptions to adjudication of Gest, J. The opinion of the Supreme Court states the facts. Exceptions dismissed in opinion by Lamorblle, P. J. See 30 Pa. Dist. R. 301. Estelle Alburger Derr, posthumous grandchild, appealed. Error assigned, inter alia, was above decree, quoting it.
1Opinion of the Court
Opinion by
Mr. Justice Kephart,
The question before us is stated by appellant’s counsel as follows: “Does the posthumous birth of a grandchild of decedent after the death of her father, the only child of the decedent, operate as a revocation of decedent’s will executed prior to the birth of the grandchild but after her father’s death, and in which no provision is made for after-born issue?”
The testator’s son was married in 1889 and died in January, 1890. His father made a will in March, 1890, and the granddaughter (appellant) was born in August of the latter year. Her grandfather, the testator,…
2Cases cited1 opinion
- Coates v. HughesSupreme Court of Pennsylvania · 1811
3Cited by5 opinions
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- Burns v. BurnsWyoming Supreme Court · 1950
- Rzedzianowski's EstateSuperior Court of Pennsylvania · 1941
- Stiles's EstatePennsylvania Orphans' Court, Philadelphia County · 1931