Appeal of Luffberry
Supreme Court of Pennsylvania
FROM THE DECREE OE THE ORPHANS’ COURT OE PHILADELPHIA COUNTY. No. 158 January Term 1889, Sup. Ct.; court below, No. 201 January Term 1887, O. C. On February 26, 1887, Henry B. Luffberry, the executor of the will of Maria S. Hodges, presented his petition to the Orphans’ Court, averring that he was the residuary legatee of Maria S. Hodges, deceased; that John Hodges, the husband of Maria S. Hodges, died on January 23, 1882, having first made and published his last will…
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FROM THE DECREE OE THE ORPHANS’ COURT OE PHILADELPHIA COUNTY. No. 158 January Term 1889, Sup. Ct.; court below, No. 201 January Term 1887, O. C. On February 26, 1887, Henry B. Luffberry, the executor of the will of Maria S. Hodges, presented his petition to the Orphans’ Court, averring that he was the residuary legatee of Maria S. Hodges, deceased; that John Hodges, the husband of Maria S. Hodges, died on January 23, 1882, having first made and published his last will bearing date December 27,1881, and duly admitted to probate, wherein he gave, devised and bequeathed to his wife all his…
1Per curiam
It is very evident, that in authorizing his executors to sell his real estate, the sole purpose of the testator was a division of the proceeds among the three charities named in connection therewith. That purpose having failed by reason of testator’s death within one calendar month after execution of his will, the power to sell became unnecessary and inoperative, and the land intended to have been converted into money for the specific purpose above mentioned, descended to Ms heirs. The subject has been so fully considered and so satisfactorily disposed of by the learned president of the…
2Cited by14 opinions
- Arnold's EstateSupreme Court of Pennsylvania · 1915
- Hartman's Estate (No. 1)Supreme Court of Pennsylvania · 1935
- Reed's EstateSupreme Court of Pennsylvania · 1912
- Moore v. GilbertSupreme Court of Pennsylvania · 1926
- Painter v. PainterSupreme Court of Pennsylvania · 1908
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