Legal Opinion

McCauley's Estate

Supreme Court of Pennsylvania

Decided April 16, 1917No. Appeal, No. 178PublishedCited by 54 opinions

Appeal, No. 178, Jan. T., 1917, by Robert J. Love, Administrator of the Estate of Rebecca N. Love, deceased, from decree of O. C. Philadelphia Co., Oct. T., 1898, No. 150, dismissing exceptions to adjudication, in estate of John McCauley, Deceased. Exceptions to adjudication. Before Lamorelle, J. The opinion of the Supreme Court states the facts.

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Appeal, No. 178, Jan. T., 1917, by Robert J. Love, Administrator of the Estate of Rebecca N. Love, deceased, from decree of O. C. Philadelphia Co., Oct. T., 1898, No. 150, dismissing exceptions to adjudication, in estate of John McCauley, Deceased. Exceptions to adjudication. Before Lamorelle, J. The opinion of the Supreme Court states the facts. The court dismissed the exceptions in an opinion by Dallbtt, P. J. Robert J. Love, Administrator of the Estate of Rebecca N. Love, deceased, appealed. Error assigned was in dismissing the exceptions. — It may be laid down as an established principle…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The appeal in this case raises the single question whether under the will to be considered the gift to the children of testator’s niece, Anna Jane White, constituted a vested or contingent remainder. The Orphans’ Court held it to be contingent and made distribution accordingly. The appellant insists this was error. The portion of the will that gives rise fo the controversy is found in the latter part of the sixth section, wherein testator makes disposition of a third part of his residuary *379estate not previously disposed of in the will, and which reads as follows:…

2Cases cited2 opinions

  1. Neel's EstateSupreme Court of Pennsylvania · 1916
  2. Rau's EstateSupreme Court of Pennsylvania · 1916

3Cited by54 opinions

  1. Newlin EstateSupreme Court of Pennsylvania · 1951
  2. Houston EstateSupreme Court of Pennsylvania · 1964
  3. Groninger's EstateSupreme Court of Pennsylvania · 1920
  4. Hope EstateSupreme Court of Pennsylvania · 1960
  5. Quigley's EstateSupreme Court of Pennsylvania · 1938

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