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Legal Opinion

Estate of Boies

Supreme Court of Pennsylvania

Decided October 5, 1896No. Appeal, No. 217PublishedCited by 14 opinions

Appeal, No. 217, Jan. T., 1896, by-Luther Laflin Mills, executor of Matthew L. Boies, deceased, from decree of O. C. Lackawanna Co., No. 566, Series A, distributing estate of Joseph M. Boies, deceased. Exceptions to account of testamentary trustee. The facts appear by the opinion of the Supreme Court. Errors assigned were in overruling exceptions to account.

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

This case hinges on the proper construction of the residu*193ary clause of Joseph M. Boies’ mil, which is in the following words:

“Sixth. — All the rest, residue and remainder of both my real and personal estate, I give, devise and bequeath to my son Henry M. Boies, to my daughter Mari L. Brainard, wife of Thomas C. Brainard, to my daughter Ella B. Mills, wife of Luther Laflin Mills, and my son Matthew L. Boies, to be equally divided between them, on the following conditions: The shares going to my son Henry M. Boies and my daughters Mari and Ella. B. shall be…

2Cases cited4 opinions

  1. Appeal of the Boards of Missions of the United Presbyterian ChurchSupreme Court of Pennsylvania · 1880
  2. Silknitter's AppealSupreme Court of Pennsylvania · 1863
  3. Sproul's AppealSupreme Court of Pennsylvania · 1884
  4. Snyder v. Baer, Pennsylvania Court of Common Pleas, York County1891

3Cited by14 opinions

  1. Schuldt v. Reading Trust Co.Supreme Court of Pennsylvania · 1921
  2. Spring's EstateSupreme Court of Pennsylvania · 1907
  3. Haydon's EstateSupreme Court of Pennsylvania · 1939
  4. Schuldt v. Reading Trust Co.Supreme Court of Pennsylvania · 1928
  5. Nicholson EstateSupreme Court of Pennsylvania · 1946

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