Legal Opinion

Reilly's Estate

Supreme Court of Pennsylvania

Decided July 17, 1901No. Appeal, No. 70PublishedCited by 5 opinions

Appeal, No. 70, Jan. T., 1899,'by T. Wallace Reilly, Mary A. Reilly, Margaret R. Brown, Edward D. Reilly and Elizabeth Reilly, from decree of O. C. Northampton Co., sustaining exceptions to auditor’s report in the estate of Dennis Reilly, deceased. Petition of T. Wallace Reilly et al. for an order on executor of Dennis Reilly, deceased, to pay legacies.

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Appeal, No. 70, Jan. T., 1899,'by T. Wallace Reilly, Mary A. Reilly, Margaret R. Brown, Edward D. Reilly and Elizabeth Reilly, from decree of O. C. Northampton Co., sustaining exceptions to auditor’s report in the estate of Dennis Reilly, deceased. Petition of T. Wallace Reilly et al. for an order on executor of Dennis Reilly, deceased, to pay legacies. The petition was referred to Fred Green, Esq., who filed the following report: Tho undersigned auditor, appointed by this honorable court in the matter of the said petition for citation and answer thereto, to determine the matters and things…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

The controversy in this case arises upon the construction of *303two clauses in the will of the decedent. The twelfth clause, which is as follows :

“ I give and bequeath to the children of my late brother, John, now deceased, the annual interest of forty thousand dollars, to be divided between them, share and share alike, during their lives, and, upon the death of each one, I give one full share to his or her child, or children, share and share alike, the issue of any deceased to take the share of the parent.”

And the twenty-first clause, which is:

“ My executors are to…

2Cases cited5 opinions

  1. Chandler v. WoelpperSupreme Court of Pennsylvania · 1889
  2. Reck's AppealSupreme Court of Pennsylvania · 1875
  3. Hoagland v. CreedIllinois Supreme Court · 1876
  4. McBride v. SmythSupreme Court of Pennsylvania · 1867
  5. Bentley v. KauffmanSupreme Court of Pennsylvania · 1878

3Cited by5 opinions

  1. Mulliken v. EarnshawSupreme Court of Pennsylvania · 1904
  2. McGlensey's EstateSuperior Court of Pennsylvania · 1908
  3. Taylor v. McClaveNew Jersey Court of Chancery · 1940
  4. Land Title & Trust Co. v. McCoachCourt of Appeals for the Third Circuit · 1904
  5. Gingrich's EstateSuperior Court of Pennsylvania · 1908

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