McAlpin's Estate
Supreme Court of Pennsylvania
Appeal, No. 96, Jan. T., 1904, by Alexander Harding, trustee, from decree of O. C. Phila. Co., April T., 1882, No. 255, dismissing exceptions to adjudication in Estate of James McAlpin, deceased. Exceptions to adjudication.
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Appeal, No. 96, Jan. T., 1904, by Alexander Harding, trustee, from decree of O. C. Phila. Co., April T., 1882, No. 255, dismissing exceptions to adjudication in Estate of James McAlpin, deceased. Exceptions to adjudication. Penrose, J., filed an adjudication which was in part as follows : The account has been filed for the purpose of having the question decided as to the continuance of the trust, which was created by tbe will of the decedent—the grandfather of the cestui que trust. The testator died, as represented in the petition annexed, in July, 1847. His will, with -codicils, proved July…
1Opinion of the Court
Opinion by
Mb. Justice Mestbezat,
We have carefully read and considered the extended argument of the learned counsel for the appellant, but it has failed to convince us that the decree of the court below is erroneous. On the contrary, the conclusion of the court on the questions presented for consideration is amply sustained by the opinion of the learned auditing judge and the authorities he cites.
Appellant’s counsel concede the correctness of the rule announced by the auditing judge that if a bequest be made to a person absolute in the first instance, and. it is provided that in the event of…
2Cited by5 opinions
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- Stark's EstateSupreme Court of Pennsylvania · 1919
- Wildemore's EstatePennsylvania Orphans' Court, Philadelphia County · 1927