Legal Opinion

Tomlinson's Estate

Superior Court of Pennsylvania

Decided October 11, 1915No. Appeal, No. 235PublishedCited by 5 opinions

Appeal, No. 235, Oct. T., 1914, by Mary H. Tomlinson and William H. Gaskill, Executors under the will of Albert S. Tomlinson, deceased, from decree of O. 0. Philadelphia Co., Jan. T., 1910, Ho. 571, dismissing exceptions to adjudication in Estate of Isaac W. Tomlinson, deceased. Exceptions to adjudication.

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Appeal, No. 235, Oct. T., 1914, by Mary H. Tomlinson and William H. Gaskill, Executors under the will of Albert S. Tomlinson, deceased, from decree of O. 0. Philadelphia Co., Jan. T., 1910, Ho. 571, dismissing exceptions to adjudication in Estate of Isaac W. Tomlinson, deceased. Exceptions to adjudication. The material portions of the will of Isaac Tomlinson were as follows: I direct my executor hereafter named to have placed at my grave head and foot stones, with date of birth and death, marked thereon; and also after the death of my wife the same kind of stones placed to her grave, the same…

1Opinion of the Court

Opinion bv

Head, J.,

This is a friendly contest between the personal representatives of Albert S. Tomlinson, deceased, and the guardian of his minor children. The said Albert was a *28nephew of Isaac W. Tomlinson, the testator, and survived the latter but died during the life, of the widow of the testator, leaving to survive him minor children. The single question is, do these children take under the will of the testator the share that would have gone to their father had he survived the widow, or was that share indefeasibly vested in their father Albert by his survivorship of the testator so that…

2Cases cited1 opinion

  1. McFillin's EstateSupreme Court of Pennsylvania · 1912

3Cited by5 opinions

  1. Barr EstatePennsylvania Orphans' Court, Montgomery County · 1959
  2. Bowen's EstatePennsylvania Orphans' Court, Philadelphia County · 1938
  3. Geisse's EstatePennsylvania Orphans' Court, Philadelphia County · 1923
  4. Samuel's EstateSuperior Court of Pennsylvania · 1939
  5. Samuel's EstatePennsylvania Orphans' Court, Philadelphia County · 1938

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