Allen v. Hirlinger
Supreme Court of Pennsylvania
Appeal, No. 199, Jan. T., 1907, by plaintiff, from judgment of Superior Ct., Oct. T., 1905, No. 205, affirming judgment of C. P. Lancaster Co., April T., 1906, No. 9, for plaintiff on case stated in suit of Leonora Allen v. J. W. Hirlinger. Appeal from the Superior Court. See 33 Pa. Superior Ct. 113. The facts are stated in the opinion of the Supreme Court. Error assigned was the judgment of the Superior Court.
1Opinion of the Court
Opinion by
Mr. Chief Justice Mitchell,
The testator directed the payment of his debts and a small legacy to his daughter and then devised the residue of his estate to his wife for life or widowhood with permission to use and live therefrom and to have the full ownership, the same as he had himself during his life, and at her death whatever should remain to be given to his daughter.
The class of wills to which this belongs present inherent difficulties in construction by their indication of an intent not accurately defined in the testator’s own mind, if not of double and to some extent…
2Cases cited14 opinions
- Estate of TysonSupreme Court of Pennsylvania · 1899
- Fox's AppealSupreme Court of Pennsylvania · 1882
- Kennedy v. Pittsburg & Lake Erie RailroadSupreme Court of Pennsylvania · 1907
- Good v. Fichthorn, Pennsylvania Court of Common Pleas, Lancaster County1891
- Jauretche v. ProctorSupreme Court of Pennsylvania · 1865
9 more not listed; retrieve them via the Exa API.
3Cited by45 opinions
- Byrne's EstateSupreme Court of Pennsylvania · 1935
- Estate of RathCalifornia Supreme Court · 1937
- Brennan's EstateSupreme Court of Pennsylvania · 1936
- Pattin v. ScottSupreme Court of Pennsylvania · 1921
- Chesnut v. ChesnutSupreme Court of Pennsylvania · 1930
40 more not listed; retrieve them via the Exa API.