Appeal of the Lutheran Congregation of Union Church
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Montgomery county: Of January Term, 1886, No. 433. Appeal of the Lutheran Congregation of the Union Church of Whitemarsh, the Trinity Reformed Church of Norristown, and the St. Paul’s German Lutheran Church of Norristown from the decree of said court confirming the Auditor’s report making distribution of the fund in the hands of John Espenship, executor of the last will and testament of Lydia Benner, deceased.
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Appeal from the Orphans’ Court of Montgomery county: Of January Term, 1886, No. 433. Appeal of the Lutheran Congregation of the Union Church of Whitemarsh, the Trinity Reformed Church of Norristown, and the St. Paul’s German Lutheran Church of Norristown from the decree of said court confirming the Auditor’s report making distribution of the fund in the hands of John Espenship, executor of the last will and testament of Lydia Benner, deceased. Lydia Benner, a widow, died in the borough of Norristown, Montgomery county, Pa., on the 11th day of April, 1884, testate, and possessed of both real…
1Opinion of the Court
The opinion of the court was filed
2Per curiam
There is no error in this decree. The revocation contained in the second codicil to the testatrix’s will is self supporting. It is wholly independent of the devise following. The entire separation of the two testamentary acts is expressed in the clearest language. In saying as she does, “ I hereby unqualifiedly revoke ” the bequest previously made, she thereby wholly disconnects the revocation with all and every other bequest which she has made or may make.
Decree affirmed and appeal dismissed at the costs of the appellant.
3Cited by7 opinions
- Crosby v. Alton Ochsner Medical FoundationMississippi Supreme Court · 1973
- Melville's EstateSupreme Court of Pennsylvania · 1914
- Holt EstateSupreme Court of Pennsylvania · 1961
- Archambault's EstateSupreme Court of Pennsylvania · 1932
- Worrell's EstatePennsylvania Orphans' Court, Philadelphia County · 1928
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