France's Estate
Supreme Court of Pennsylvania
Appeals from the Orphans’ Court of Philadelphia: No. 50 and 95, to July Term 1873. These appeals were from the decree of the Orphans’ Court, distributing the estate of Abraham France, deceased. The decedent died in November 1864, having made a will, dated October 27th 1863, and leaving a widow, Jane France, and an only child, William France, who was the child of a former wife.
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Appeals from the Orphans’ Court of Philadelphia: No. 50 and 95, to July Term 1873. These appeals were from the decree of the Orphans’ Court, distributing the estate of Abraham France, deceased. The decedent died in November 1864, having made a will, dated October 27th 1863, and leaving a widow, Jane France, and an only child, William France, who was the child of a former wife. The provisions of the will, which gave rise to the questions in these appeals, are as follows:— “ Item. I give and bequeath to my beloved wife Jane, one-third of all my personal property, and one-third of all the…
1Opinion of the Court
The opinion of the court was delivered, May 11th 1874, by
Mercur, J.
These two appeals were argued together. They are both from the same decree. The important question is, what interest did Jane France take, under the will of her husband, in his real estate ? Its language is this: “ Item, I give and bequeath to my beloved wife Jane, one-third of all my personal property, and one-third part of all the income, rents, and use of my real estate.”
“ Item. I do give and bequeath unto my son, William France, all the residue and nemainder of my estate, real and personal.”
Nesbit, a second husband of…
2Cited by34 opinions
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- Hodge v. Cameron, Exr.Superior Court of Pennsylvania · 1938
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