Appeal of Fidelity Insurance Trust & Safe Deposit Co.
Supreme Court of Pennsylvania
Appeal from tbe Orphans’ Court of Philadelphia County: Of July Term, 1884, No. 39. " Appeal of The Fidelity Insurance Trust and Safe Deposit Company, trustees for Joseph Ruths under the will of Julianna B. Carman, deceased, from the decree of the Orphans’ Court making distribution of the estate of said Julianna B. Carman, deceased.
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Appeal from tbe Orphans’ Court of Philadelphia County: Of July Term, 1884, No. 39. " Appeal of The Fidelity Insurance Trust and Safe Deposit Company, trustees for Joseph Ruths under the will of Julianna B. Carman, deceased, from the decree of the Orphans’ Court making distribution of the estate of said Julianna B. Carman, deceased. At the audit of the account of Harriet M. Severns, executrix, before Penrose, J., the following facts appeared: Julianna B. Carman died August 18th, 1883, leaving a will'in which she provided inter alia as follows: “I also give and bequeath eighty-one shares of the…
1Opinion of the CourtJustice Clakk
By the act of 4th June, 1879, sec. 1, it is provided that *499“every will shall be construed with reference to the real estate and personal estate comprised in it, • to speak and take effect as if it had been executed immediately before the death of the testator, unless a contrary intention shall appear by the will."
• Unless therefore a contrary intention appears by the will of Julianna B. Carman, executed 21st February, 1881, it must speak and take effect as if it had been written immediately before her death, on the 18th August, 1883; if it be read as so written the eighty-one shares of the…
2Cases cited4 opinions
- Walton v. WaltonNew York Court of Chancery · 1823
- Blackstone v. BlackstoneSupreme Court of Pennsylvania · 1834
- Case of Walker's EstateSupreme Court of Pennsylvania · 1832
- Roney v. StiltzSupreme Court of Pennsylvania · 1840
3Cited by13 opinions
- Horn's EstateSupreme Court of Pennsylvania · 1934
- Gerlach EstateSupreme Court of Pennsylvania · 1950
- Thompson v. Wanamaker's TrusteeSupreme Court of Pennsylvania · 1920
- Miller's EstateSupreme Court of Pennsylvania · 1936
- Lusk's EstateSupreme Court of Pennsylvania · 1939
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