Estate of Schmidt
Supreme Court of Pennsylvania
Appeal, No. 269, Jan. T., 1897, by Mary Bachman, from decree of O. C. Phila. Co., Jan. T., 1895, No. 168, dismissing exceptions to adjudication. Exceptions to adjudication. The material portions of the adjudication were as follows: It was shown that testator died January 18, 1888, leaving a will, duly admitted to probate on January 28, 1888, by which, inter alia, lie bequeathed and devised all his estate to his wife, Babetta Schmidt, during her natural life.
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Appeal, No. 269, Jan. T., 1897, by Mary Bachman, from decree of O. C. Phila. Co., Jan. T., 1895, No. 168, dismissing exceptions to adjudication. Exceptions to adjudication. The material portions of the adjudication were as follows: It was shown that testator died January 18, 1888, leaving a will, duly admitted to probate on January 28, 1888, by which, inter alia, lie bequeathed and devised all his estate to his wife, Babetta Schmidt, during her natural life. She survived her husband and died in 1894. As she was sole executrix, letters of administration c. t. a. were granted on'January 21,…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
Testator devised his whole estate to his widow for life, and after her death to his two children, appellant and Henry Schmidt, “ their heirs and assigns, share and share alike.” He then further devised “ Fourth. — -And in case my said (son) Henry shall die unmarried and leaving no children, I desire and bequeath his one half unto my daughter Mary Schmidt now Mary Bachman, and after her decease of my said daughter Mary I give and bequeath all the same unto her my daughter Mary’s own produced then surviving children, and it is my will and devise that as soon after…
2Cited by3 opinions
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- Shower's EstateSupreme Court of Pennsylvania · 1905
- King's EstateSupreme Court of Pennsylvania · 1892