Estate of Miller
Pennsylvania Orphans' Court, Somerset County
No. 267 October Term 1891, Sup. Ct.; court below, number and term not shown. On May 28,1890, the account of Joseph S. and Samuel S. Miller, executors of the will of Samuel P. Miller, deceased, was confirmed, showing a balance of $18,210.56 in the hands of accountants, composed of the proceeds of both real and personal estate. On July 26th, on motion the court appointed Mr. John Gr. Ogle auditor to ascertain advancements and make distribution.
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No. 267 October Term 1891, Sup. Ct.; court below, number and term not shown. On May 28,1890, the account of Joseph S. and Samuel S. Miller, executors of the will of Samuel P. Miller, deceased, was confirmed, showing a balance of $18,210.56 in the hands of accountants, composed of the proceeds of both real and personal estate. On July 26th, on motion the court appointed Mr. John Gr. Ogle auditor to ascertain advancements and make distribution. The auditor filed a report finding that Samuel P. Miller, the testator, died on February 22,1888, leaving a widow, Susannah Miller, and certain heirs at…
1Opinion of the Court
Opinion,
Mb. Justice Stebbett .
The single question presented by this record is whether the limitation over at the death of Albert Myers, was upon a definite or an indefinite failure of issue. If the contingency upon which it was made dependent might happen indefinitely after his death, then he had an absolute estate; but, if it must happen at or before, the substituted legatees will take. Thus a gift to one, and “ if he die without issue,” or “ on failure of issue,” or “ for want of issue,” or “ without leaving issue,” looks to an indefinite failure: Eichelberger v. Barnitz, 9 W. 447.
But the…
2Cases cited1 opinion
- Snyder's AppealSupreme Court of Pennsylvania · 1880
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