Porter's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Northampton county. This was an appeal by Elizabeth P. Porter, Harriet Porter, James M. Porter, Jr., A. Parker Porter, Mary J. Porter, and Emma W. Porter, legatees named in the will of Thomas McKeen the elder, deceased, from the decree of the Orphans’ Court, confirming the report of the auditors on the first account of Thomas McKeen, Jr., Henry McKeen, and James M. Porter, executors, &c., of Thomas McKeen the elder, deceased.
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Appeal from the Orphans’ Court of Northampton county. This was an appeal by Elizabeth P. Porter, Harriet Porter, James M. Porter, Jr., A. Parker Porter, Mary J. Porter, and Emma W. Porter, legatees named in the will of Thomas McKeen the elder, deceased, from the decree of the Orphans’ Court, confirming the report of the auditors on the first account of Thomas McKeen, Jr., Henry McKeen, and James M. Porter, executors, &c., of Thomas McKeen the elder, deceased. Thomas McKeen died November 25th 1858, having made his will, in which, after sundry bequests and devises to his wife and others,…
1Opinion of the Court
The opinion of the court was delivered,
by
Woodward, J.
The word heir when used in a will, is to be understood in its legal or technical sense, unless there be something in. the context to show that the testator meant it to be understood in its popular sense. All our authorities concur in thus stating the general rule of construction.
The only question, therefore, which we have upon this record is, whether Colonel McKeen’s will contains satisfactory evidence that he used the word heirs, in the residuary clause, in its popular sense? Popularly, we say of any legatee or devisee that the testator…
2Cited by3 opinions
- Webb's EstateSupreme Court of Pennsylvania · 1915
- Beck's EstateSupreme Court of Pennsylvania · 1909
- Evans v. CassCuyahoga County Common Pleas Court · 1970