McFillin's Estate
Supreme Court of Pennsylvania
Appeal, No. 303, Jan. T., 1911, by Deborah C. Lucas, from decree of O. C. Phila. Co., April T., 1906, No. 470, dismissing exceptions to adjudication in Estate of James McFillin, deceased. Exceptions to adjudication. From the record it appeared that James McFillin died on April 10, 1905, leaving two children, Deborah C. Lucas and James W. McFillin. The latter died on April 23, 1911, intestate, unmarried, and without issue.
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Appeal, No. 303, Jan. T., 1911, by Deborah C. Lucas, from decree of O. C. Phila. Co., April T., 1906, No. 470, dismissing exceptions to adjudication in Estate of James McFillin, deceased. Exceptions to adjudication. From the record it appeared that James McFillin died on April 10, 1905, leaving two children, Deborah C. Lucas and James W. McFillin. The latter died on April 23, 1911, intestate, unmarried, and without issue. The material paragraph of the will was as follows: “And the other full equal fourth part or share thereof I give, devise and bequeath unto my Executors hereinafter named in…
1Opinion of the Court
Pee Curiam,
Tbe thoroughly settled rule of construction is that where a testator directs that in a certain event after the expiration of a particular interest the estate shall go to his heirs or next of kin, or to the persons who would take under the intestate laws, he is to be understood as meaning the persons who would have so taken at the time of his death, and not at the time appointed for their taking, unless a different intent is plainly manifested in his will: Buzby’s Appeal, 61 Pa. 111; Stewart’s Estate, 147 Pa. 383; Fitzpatrick’s Estate, 233 Pa. 33. Nothing in the will before us shows…
2Cases cited3 opinions
- Buzby's AppealSupreme Court of Pennsylvania · 1869
- Stewart's EstateSupreme Court of Pennsylvania · 1892
- Fitzpatrick's EstateSupreme Court of Pennsylvania · 1911
3Cited by21 opinions
- Tatham's EstateSupreme Court of Pennsylvania · 1915
- Packer's EstateSupreme Court of Pennsylvania · 1914
- Farmers Trust Co., Excr. v. Wilson Et Ux.Supreme Court of Pennsylvania · 1948
- Barnard EstateSupreme Court of Pennsylvania · 1945
- Hildebrant's EstateSupreme Court of Pennsylvania · 1920
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