Legal Opinion

Marshall's Estate

Supreme Court of Pennsylvania

Decided January 4, 1892No. Appeals Nos. 304, 305PublishedCited by 6 opinions

Appeals Nos. 304, 305, Oct. T., 1891, by G. I. Whitney, assignee, and F. P. Sproul, guardian, from decree, O. C. Allegheny Co., April T., 1890, No. 75, dismissing exceptions to adjudication.

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Appeals Nos. 304, 305, Oct. T., 1891, by G. I. Whitney, assignee, and F. P. Sproul, guardian, from decree, O. C. Allegheny Co., April T., 1890, No. 75, dismissing exceptions to adjudication. On April 7, 1890, the third account of Mark W. Marshall, Thomas M. Marshall and Matilda Marshall, trustees under the will of James Marshall, deceased, exhibiting a cash balance of $36,865.65, made up in part of royalties received under oil leases made by the accountants of lands belonging to the estate of the testator, was confirmed nisi. The account having been audited, Hawkins, P. J., on July 10, 1891,…

1Opinion of the Court

Per Curiam,

These appeals involve the construction of the fourth paragraph of the will of James Marshall, deceased. Said paragraph is as follows:

“ I bequeath to my executors all the balance of iny estate, real, personal and mixed, to have and to hold the same in trust for the use and benefit of my children, viz., Harriet Watson, James, Julia, and Anna Frances, making them all equal at twenty-one years of age, share and share alike; and should any of them die without lawful issue, their interests shall be equalty distributed to the survivors, or the heirs of my deceased children, by investing…

2Cases cited1 opinion

  1. Estate of MarshallSupreme Court of Pennsylvania · 1890

3Cited by6 opinions

  1. Becker v. ChesterWisconsin Supreme Court · 1902
  2. Spring's EstateSupreme Court of Pennsylvania · 1907
  3. Smith's EstateSupreme Court of Pennsylvania · 1934
  4. Bennett's EstateSuperior Court of Pennsylvania · 1910
  5. Lamberton's EstateSuperior Court of Pennsylvania · 1909

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