Patrick's Estate
Supreme Court of Pennsylvania
Appeals, Nos. 124 and 165, Oct. T., 1893; No. 165, by W. W. Patrick, and No. 124 by J. J. Mapel, from decree of O. C. Allegheny Co., Sept. T., 1892, No. 214, distributing estate in hands of W. W. Patrick, surviving trustee of Rachel Patrick, under will of Ann Patrick, deceased. Exception to adjudication of trustee’s account.
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Appeals, Nos. 124 and 165, Oct. T., 1893; No. 165, by W. W. Patrick, and No. 124 by J. J. Mapel, from decree of O. C. Allegheny Co., Sept. T., 1892, No. 214, distributing estate in hands of W. W. Patrick, surviving trustee of Rachel Patrick, under will of Ann Patrick, deceased. Exception to adjudication of trustee’s account. The facts were found as follows by the auditing judge, Over, J.: “ Statement: Ann Patrick died testate on the 29th day of June, 1857, after making a devise to her three sons, Robert, Andrew and W. Wallace Patrick. She provided in her will as follows: ‘ The rest and…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The real question for consideration on the appeal of W. W. Patrick is whether the legacy to Rachel Patrick passed at her death to her surviving brothers and sister, or to them and the children-of her deceased brother and sister. The contention of the appellant is that the surviving brothers and sister take the whole of it, while the appellees claim that the children of the deceased brother and sister take such share of it as their parent would have taken if living. The learned orphans’ court adopted the latter view, and distributed the fund in accordance with…
2Cases cited1 opinion
- Myers' AppealSupreme Court of Pennsylvania · 1869
3Cited by6 opinions
- Alburger's EstateSupreme Court of Pennsylvania · 1922
- Correll, Receiver's AccountSupreme Court of Pennsylvania · 1925
- Frishmuth's EstatePennsylvania Orphans' Court, Philadelphia County · 1936
- Abele EstatePennsylvania Orphans' Court, Philadelphia County · 1963
- Dagit's EstatePennsylvania Orphans' Court, Philadelphia County · 1934
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