Stirk's Estate
Supreme Court of Pennsylvania
Appeal, No. 360, Jan. T., 1910, by Oliver D. Wood, et al., from decree of O. C. Phila. Co., Jan. T., 1910, No. 377, dismissing exceptions to adjudication in Estate of Elizabeth Ivins Stirk, deceased. Exceptions to adjudication.
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Appeal, No. 360, Jan. T., 1910, by Oliver D. Wood, et al., from decree of O. C. Phila. Co., Jan. T., 1910, No. 377, dismissing exceptions to adjudication in Estate of Elizabeth Ivins Stirk, deceased. Exceptions to adjudication. At the audit it appeared that the residuary estate was claimed by Oliver D. Wood and William B. Wood, the brothers and only next of kin of the testatrix, upon the ground that the bequest of the residuary estate to The Land Title & Trust Company under the codicil to the will was invalid, because of the legal incapacity of The Land Title & Trust Company to take and also…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
The question we have to determine is, whether under the evidence submitted, a secret trust attaches to an alternative bequest, which by the terms of the will was to become effective in case the testatrix died within thirty days after the execution of her will. The appeal is by the brothers and next of kin of the testatrix from a decree of the orphans’ court of Philadelphia county adjudicating the account of the executors and trustees, and awarding the fund absolutely to the residuary legatee named in the will. The claim made on their behalf is that the bequest…
2Cases cited1 opinion
- Schultz's AppealSupreme Court of Pennsylvania · 1876
3Cited by8 opinions
- Cameron v. Carnegie Trust Co.Supreme Court of Pennsylvania · 1928
- Bowers' EstateSupreme Court of Pennsylvania · 1913
- Bickley's EstateSupreme Court of Pennsylvania · 1921
- O'Connor v. O'ConnorSupreme Court of Pennsylvania · 1927
- In re Darby Bank & Trust Co., Pennsylvania Court of Common Pleas, Delaware County1933
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