Legal Opinion

Amelia Smith's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1853PublishedCited by 16 opinions

Appeal from the decree of the Orphans’ Court of Philadelphia, in relation to the distribution of the estate of Mrs. Matilda W. Smith. She died in 1848, leaving ten children surviving her, and leaving a will, of which the following is the material clause:— “ I will and bequeath all my property, real and personal, to my children (except my daughter Letitia, who is otherwise amply provided for), to be equally divided among them.

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Appeal from the decree of the Orphans’ Court of Philadelphia, in relation to the distribution of the estate of Mrs. Matilda W. Smith. She died in 1848, leaving ten children surviving her, and leaving a will, of which the following is the material clause:— “ I will and bequeath all my property, real and personal, to my children (except my daughter Letitia, who is otherwise amply provided for), to be equally divided among them. In case of the death of any of my children without issue, his, her, or their portion or portions to be equally divided among the survivors. I hereby appoint my sons…

1Opinion of the Court

The opinion of the Court was delivered by

Lowrie, J.

We lose no material word or idea of this will when we say, that by it the testatrix gives all her real and personal estate to her children in equal shares, and provides that, in case of the death of any of them without issue, his or her portion shall be equally divided among the survivors. What estate did each child take under the will ? It is very clear that each took an estate tail in the land as in the cases of Lapsley v. Lapsley, 9 State R. 130, and Eichelberger v. Barnitz, 9 Watts 447, and that of course was John’s estate.

What, then, is…

2Cases cited1 opinion

  1. Eichelberger v. BarnitzSupreme Court of Pennsylvania · 1840

3Cited by16 opinions

  1. Smith's PetitionSupreme Court of Pennsylvania · 1927
  2. Wallace's EstateSupreme Court of Pennsylvania · 1930
  3. In re Estate of JacksonSupreme Court of Pennsylvania · 1897
  4. Henderson v. GrayNorth Dakota Supreme Court · 1914
  5. McKinstry's EstateSupreme Court of Pennsylvania · 1929

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