Miller's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lehigh county. This was an appeal by Samuel Miller from the decree of the court below upon the accounts of the executors of Frederick Miller, deceased. A copy of the will of the testator will be found in the preceding case.
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Appeal from the Orphans’ Court of Lehigh county. This was an appeal by Samuel Miller from the decree of the court below upon the accounts of the executors of Frederick Miller, deceased. A copy of the will of the testator will be found in the preceding case. The two brothers of the testator, George and John, mentioned in his will as legatees, died before him, and the auditor appointed to report distribution of the funds in the hands of the executors, divided a proportionate part of the legacy given to them among their descendants by classes, and not per capita. By this report there was given…
1Opinion of the Court
The opinion of the court was delivered by
Lowrie, C. J.
The bequest is to the heirs of George and John, and as they cannot have joint heirs, it must have been intended for them as several classes, that is, for the heirs of George and for the heirs of John, and they are to take as if the property bequeathed had descended to them through George and John respectively. The legatees do not take under the intestate laws; but they are defined by those laws, and must be ascertained by reference to them. The court decided the case agreeably to this view. Grandnephews fall within the description as…
2Cited by1 opinion
- Beck's EstateSupreme Court of Pennsylvania · 1909