Gorgas's Estate
Supreme Court of Pennsylvania
Appeal, No. 93, July T., 1891, by residuary legatee, from decree of O. C. Phila. Co., April T., 1894, No. 321, dismissing exceptions to adjudication. Exceptions to adjudication. From the record it appeared that Susan Gorgas died March 29, 1892, unmarried and without issue. By a codicil to her will she directed as follows: “Item.
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Appeal, No. 93, July T., 1891, by residuary legatee, from decree of O. C. Phila. Co., April T., 1894, No. 321, dismissing exceptions to adjudication. Exceptions to adjudication. From the record it appeared that Susan Gorgas died March 29, 1892, unmarried and without issue. By a codicil to her will she directed as follows: “Item. All the rest,'residue and remainder of my estate of every kind and description (after my interest in the homestead property of about eighty acres, situate on Ridge Avenue, Roxborough, has been converted into cash by my executor) I do give, devise and bequeath unto…
1Opinion of the Court
Per Curiam,
After making sundry bequests, etc., the testatrix gave “ all the rest, residue and remainder of” her estate to four persons, by name, “ to be divided among them in equal shares absolutely.” She made no provision for survivorship or gift over in case either of the residuary legatees should die in her lifetime. One of them did pre-decease her, and the court, rightly holding that there was a lapse as to that share, awarded the same to a niece who was entitled to take under the intestate law. This, as is clearly shown in the opinion of the orphans’ court, is' in accordance with the…
2Cited by8 opinions
- Commissioner of Internal Revenue v. Cardeza's EstateCourt of Appeals for the Third Circuit · 1949
- In Re Boyle's EstateSupreme Court of Colorado · 1950
- Packer's Estate (No. 2)Supreme Court of Pennsylvania · 1927
- Potter's EstateSupreme Court of Pennsylvania · 1917
- Habecker's EstateSuperior Court of Pennsylvania · 1910
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