Appeal of Craige
Supreme Court of Pennsylvania
FROM THE DEGREE OE THE ORPHANS’ COURT OE PHILADELPHIA COUNTY. Nos. 162, 168, 243 January Term 1889, Sup. Ct. On October 8, 1888, the account of the Pennsylvania Company for Insurance on Lives, trustee under the will of Thompson Holmes, deceased, showing a balance for distribution, of principal 135,376.20, and of income, 117.06, was called for adjudication before Ferguson, J., when the following facts were shown: Thompson Holmes died in 1855, leaving a son, Edmund A. Holmes,…
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FROM THE DEGREE OE THE ORPHANS’ COURT OE PHILADELPHIA COUNTY. Nos. 162, 168, 243 January Term 1889, Sup. Ct. On October 8, 1888, the account of the Pennsylvania Company for Insurance on Lives, trustee under the will of Thompson Holmes, deceased, showing a balance for distribution, of principal 135,376.20, and of income, 117.06, was called for adjudication before Ferguson, J., when the following facts were shown: Thompson Holmes died in 1855, leaving a son, Edmund A. Holmes, and a daughter, Caroline T. Ely, to survive him. By his will dated April 26, 1855, and duly admitted to probate, he…
1Opinion of the Court
Opinion,
Mr. Justice Gbeen:
These are three appeals by different parties in interest from the same decree, and as they raise the same question they are considered together. The adjudication made by the auditing judge gave the whole of the fund in controversy in two equal parts, one half to Caroline T. Ely, and the other half to the trustee of George W. Holmes. It is the distribution of the latter half which is the subject of the present contention. The adjudication of the auditing judge was based upon the theory that the bequest to the children of Edmund and Ann Holmes was contingent upon the…
2Cases cited1 opinion
- McBride v. SmythSupreme Court of Pennsylvania · 1867
3Cited by8 opinions
- Mulliken v. EarnshawSupreme Court of Pennsylvania · 1904
- In re TwaddellDistrict Court, D. Delaware · 1901
- McGlensey's EstateSuperior Court of Pennsylvania · 1908
- Heath's EstateSupreme Court of Pennsylvania · 1926
- Land Title & Trust Co. v. McCoachCourt of Appeals for the Third Circuit · 1904
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