Ivins's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia County: Of January Term, 1884, No. 100. This was an appeal by William H. Ivins from a decree of said court, in the matter of the distribution of the balance appearing due by the account of the Fidelity Insurance, Trust and Safe Deposit Company trustees under the will of Charles Abbey, deceased.- Said balance consisted partly of personal estate received by said trustees from the executors of said decedents, appraised at about…
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Appeal from the Orphans’ Court of Philadelphia County: Of January Term, 1884, No. 100. This was an appeal by William H. Ivins from a decree of said court, in the matter of the distribution of the balance appearing due by the account of the Fidelity Insurance, Trust and Safe Deposit Company trustees under the will of Charles Abbey, deceased.- Said balance consisted partly of personal estate received by said trustees from the executors of said decedents, appraised at about $74,000, and partly of rents of real estate collected by the trustees. Before the auditing judge (Penrose, J.,) the…
1Opinion of the CourtJustice Green
We are of opinion that the learned court below has pronounced the true construction of the testator’s will, in the final decree. The subject of the testamentary provision was an aggregate of personal and real estate. The objects of the testator’s bounty were his heirs and next of kin. By the will he had given all the residue of his estate to his three daughters absolutely and in fee simple. By the codicil he made a radical change, and gave the residue to a trustee, in trust to keep the real estate in repair and rented, and the personal estate securely invested, aud to pay the net income of…
2Cited by4 opinions
- Mason v. BailyCourt of Chancery of Delaware · 1888
- Garrett's EstateSupreme Court of Pennsylvania · 1915
- Lesieur's EstateSupreme Court of Pennsylvania · 1903
- Donaldson's EstatePennsylvania Orphans' Court, Washington County · 1936