Legal Opinion

Rogers's Estate

Supreme Court of Pennsylvania

Decided May 27, 1907No. Appeal, No. 337PublishedCited by 9 opinions

Appeal, No. 337, Jan. T., 1906, by Sarah Jane Pierce, from judgment of the Superior Court, Oct. T., 1905, No. 179, affirming decree of O. C. Chester Co., sustaining exceptions to auditor’s report in Estate of Sarah Jane Rogers, deceased. Appeal from Superior Court. The facts appear in the opinions of the Supreme Court. See also Rogers’s Estate, 31 Pa. Superior Ct. 620. Error assigned was the decree of the Superior Court.

1Opinion of the Court

Orinion by

Mr. Justice Mestrezat,

The very elaborate discussion of the questions raised on this record by the orphans’ court and Superior Court so fully vin*433dicates the conclusion of those courts that nothing more can profitably be said in support of the decree entered by the orphans’ court. From the authorities cited and reviewed in the opinions filed by those courts, it is clear that the power of appointment conferred on Evans Rogers by the will of his wife was defectively executed, and that the alternative provision disposing of the residue of her estate becomes an effective disposition of…

2Cited by9 opinions

  1. Schede EstateSupreme Court of Pennsylvania · 1967
  2. Sinnott's EstateSupreme Court of Pennsylvania · 1933
  3. Estate of duPontSupreme Court of Pennsylvania · 1977
  4. Estate of: Zucker, C. Appeal of: Glavin, W.Superior Court of Pennsylvania · 2015
  5. Trust of Nell G. JackSuperior Court of Pennsylvania · 2022

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