Appeal of Carl
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of York county: Of July Term, 1884, No. 72. Tins was an appeal by Adam Carl et al., heirs at law and next of kin of Christiana M. Lohr, deceased, from a decree of the said court, dismissing their exceptions to and confirming the report of an auditor, appointed to audit the account and distribute the balance found to be in the hands of Rufus A. Eichelberger and John Carl, executors of the last will of the said Christiana M. Lohr.
Read the full summary
Appeal from the Orphans’ Court of York county: Of July Term, 1884, No. 72. Tins was an appeal by Adam Carl et al., heirs at law and next of kin of Christiana M. Lohr, deceased, from a decree of the said court, dismissing their exceptions to and confirming the report of an auditor, appointed to audit the account and distribute the balance found to be in the hands of Rufus A. Eichelberger and John Carl, executors of the last will of the said Christiana M. Lohr. Before the auditor (S. H. Forry, Esq.) it appeared that Christiana M. Lohr died April 4, 1881, leaving- no lineal descendants. By her…
1Opinion of the CourtJustice Green
Wo agree entirely with the learned judge of the court below in his view of this case. In point of fact the testatrix executed her will more than three years before her death. It was that will which gave the charity to the appellee. The codicil diminished the amount of the charity, but that which passes to the legatee does so by force of the will only. While it is true that for certain purposes, and in legal contemplation, a will speaks from the death of the testator, that consideration does not in the least degree affect the physical fact of execution. The prohibition contained in the Act of…
2Cited by8 opinions
- In Re Estate of PrattSupreme Court of Florida · 1956
- Wright's EstateSupreme Court of Pennsylvania · 1925
- Bingaman's EstateSupreme Court of Pennsylvania · 1924
- Sloan's AppealSupreme Court of Pennsylvania · 1895
- Lightner's AppealSuperior Court of Pennsylvania · 1914
3 more not listed; retrieve them via the Exa API.