Legal Opinion

Handy's Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided May 26, 1933No. 547Published

1Opinion of the Court

Gest, J.,

Whenever a testator uses words of survivorship without clearly indicating the period of time, or the event, at which the survivorship is to be ascertained, the interpretation of the will is often debatable, and this case is an illustration. The gift over at the death of the life tenant, one of the testator’s four children, was, as to three fourths of the estate, to her children or children of deceased children, and if she died without such issue (which event occurred), “to hold the same for my surviving children as if the same had formed part of their original shares.” The life…

2Cases cited9 opinions

  1. Chandler v. WoelpperSupreme Court of Pennsylvania · 1889
  2. Kellerman's EstateSupreme Court of Pennsylvania · 1913
  3. Alburger's EstateSupreme Court of Pennsylvania · 1922
  4. Fox's EstateSupreme Court of Pennsylvania · 1908
  5. Anderson's EstateSupreme Court of Pennsylvania · 1914

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