Estate of Schmidth
Supreme Court of Pennsylvania
Appeal, No. 70, Oct. T., 1897, by Caroline Becker et al., from decree of O. C. Washington Co., Aug. T., 1896, No. 24, dismissing exceptions to auditor’s report. Exceptions to auditor’s report. The facts appear by the opinion of the Supreme Court. Error assigned among others was in dismissing exceptions to auditor’s report.
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Appeal, No. 70, Oct. T., 1897, by Caroline Becker et al., from decree of O. C. Washington Co., Aug. T., 1896, No. 24, dismissing exceptions to auditor’s report. Exceptions to auditor’s report. The facts appear by the opinion of the Supreme Court. Error assigned among others was in dismissing exceptions to auditor’s report. Heirs have always been looked upon with favor by courts of justice, and the rule is well settled that plain words are required to disinherit them, and as plain words are necessary to disinherit an heir, so words equally plain are requisite to charge the estate of an heir;…
1Opinion of the Court
Opinion by
Mr. Justice Green,
It would be a waste of time to discuss the assignments of error which relate to the jurisdiction of the orphans’ court, and the question of executor de son tort. They arc of no consequence at the best; they are not pressed in argument, and if the3r were they could not be sustained. The important and serious question for consideration is the construction placed upon that clause of the will of the testator which contained the devise to his son Francis. It is in the following words : “ Item: After my said wife’s decease I give, devise and bequeath to my son Francis my…
2Cases cited2 opinions
- Reimer's EstateSupreme Court of Pennsylvania · 1893
- Estate of SweitzerPennsylvania Orphans' Court, Fayette County · 1891
3Cited by8 opinions
- McGlathery's EstateSupreme Court of Pennsylvania · 1933
- Ingham's EstateSupreme Court of Pennsylvania · 1934
- Arnold's EstateSupreme Court of Pennsylvania · 1913
- Gallagher v. McKeagueWisconsin Supreme Court · 1905
- Espy's EstateSupreme Court of Pennsylvania · 1904
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