Legal Opinion

Kohler's Estate

Supreme Court of Pennsylvania

Decided May 27, 1901No. Appeal, No. 13PublishedCited by 16 opinions

Appeal, No. 13, Jan. T., 1901, by Emma L. Diver, Marian M. Darlington, Maria C. Lippincott, Josephine M. Kramer, Adeline C. Kohler, Anna C. Foulke and Carrie M. Karsner, from decree of O. C. Phila. Co., Oct. T., 1897, No. 79, dismissing exceptions to adjudication in the estate of John Kohler, deceased. Exceptions to adjudication.

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Appeal, No. 13, Jan. T., 1901, by Emma L. Diver, Marian M. Darlington, Maria C. Lippincott, Josephine M. Kramer, Adeline C. Kohler, Anna C. Foulke and Carrie M. Karsner, from decree of O. C. Phila. Co., Oct. T., 1897, No. 79, dismissing exceptions to adjudication in the estate of John Kohler, deceased. Exceptions to adjudication. From the record it appeared that John Kohler, by will dated October 11, 1853, republished by codicil dated February 23, 1866, gave part of his estate in trust for his son, John F. Kohler, for life, with remainder to “such person or persons as would be entitled…

1Opinion of the Court

Opinion by

Mb. Justice Mitchell,

The learned judge below very forcibly said: “ The will of John Kohler, father of the cestui que trust, was written thirty-six years before the decree of adoption, and that event therefore was not reasonably' within the contemplation of the testator. But as he gave the estate to those persons to whom the law would give it in the case of intestacy, he cannot be said to have had any particular class of heirs or next of kin in view, and he committed the question of determining who should take to the law itself.” And it is only necessary to add that a testator who…

2Cases cited2 opinions

  1. Johnson's AppealSupreme Court of Pennsylvania · 1879
  2. McGunnigle v. McKeeSupreme Court of Pennsylvania · 1875

3Cited by16 opinions

  1. Collins EstateSupreme Court of Pennsylvania · 1958
  2. Farmers Trust Co., Excr. v. Wilson Et Ux.Supreme Court of Pennsylvania · 1948
  3. Doolittle v. McConnellCalifornia Court of Appeal · 1924
  4. In Re Trust Under Will of DavidsonSupreme Court of Minnesota · 1947
  5. In re the Trust Estate of HoltHawaii Supreme Court · 1957

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