Legal Opinion

Clark's Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided November 21, 1947No. 85Published

1Opinion of the Court

Hunter, J.,

This testator made his will in 1878 and the trust which he created *35was to endure as a whole until the death of the survivor of his nine children, and it was inevitable that births and deaths would make many changes in the family. He died in 1885.

Notwithstanding the long term of the trust testator designated his beneficiaries as “children” and the “children” of “children”, which word in its strict sense excludes more remote issue. The auditing judge construed “children” in the sense of issue and admitted great-grandchildren to share in the distribution of principal. Exceptions have…

2Cases cited19 opinions

  1. Hogg's EstateSupreme Court of Pennsylvania · 1937
  2. Joyce's EstateSupreme Court of Pennsylvania · 1922
  3. Ashburner's EstateSupreme Court of Pennsylvania · 1894
  4. Nass's EstateSupreme Court of Pennsylvania · 1935
  5. Disston EstateSupreme Court of Pennsylvania · 1944

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