Legal Opinion

Potts's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 7 opinions

Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Robert T. Potts, Lewis Cooper, and William L. Schaffer, Jr., trustees under the will of William Lehman, deceased, from the decree of the Orphans’ Court, distributing the personal property belonging to the trust estate among the devisees of the testator.

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Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Robert T. Potts, Lewis Cooper, and William L. Schaffer, Jr., trustees under the will of William Lehman, deceased, from the decree of the Orphans’ Court, distributing the personal property belonging to the trust estate among the devisees of the testator. It appeared from the report of the auditor appointed by the Orphans’ Court, to audit, settle, and adjust the account of the said trustees, and to report distribution of the balance in their hands, that William Lehman died some time in the latter part of March, or beginning…

1Per curiam

— The decree of the court below is so well justified by the reasons assigned in the opinion of the learned president, showing that the devise in question passes a fee tail in the real estate, and an absolute interest in the personal property, that we do not feel called upon to add anything to it. Our own recent decisions are quite numerous in favour of the conclusion, at which he has arrived: 20 State R. 509; 23 Id. 9, 31, 338; 24 Id. 244, 248, 252; 26 Id. 227; 28 Id. 73, 93, 101.

Decree affirmed at the costs of the appellants.

2Cited by7 opinions

  1. Estate of QuinPennsylvania Orphans' Court, Philadelphia County · 1891
  2. Armstrong v. MichenerSupreme Court of Pennsylvania · 1894
  3. Pifer v. LockeSupreme Court of Pennsylvania · 1903
  4. Seybert v. HibbertSuperior Court of Pennsylvania · 1897
  5. Clark Estate, Pennsylvania Court of Common Pleas, Philadelphia County1976

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