Gourley's Estate
Supreme Court of Pennsylvania
Appeal, No. 98, Oct. T., 1912, by Belinda Gourley and Julia Gourley, from decree of O. C. Armstrong Co., March T., 1910, No. 22, sustaining exceptions to auditor’s report in Estate of Samuel H. Gourley, deceased. Exceptions to report of J. H. Painter, Esq., auditor. The opinion of the Supreme Court states the case. Error assigned was decree awarding the fund to trustee named in the will, instead of to testator’s sisters absolutely.
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Appeal, No. 98, Oct. T., 1912, by Belinda Gourley and Julia Gourley, from decree of O. C. Armstrong Co., March T., 1910, No. 22, sustaining exceptions to auditor’s report in Estate of Samuel H. Gourley, deceased. Exceptions to report of J. H. Painter, Esq., auditor. The opinion of the Supreme Court states the case. Error assigned was decree awarding the fund to trustee named in the will, instead of to testator’s sisters absolutely. Where a fund is devised for life with the right of the devisee to use and consume the entire fund, the devisee takes the fnnd absolutely: Markley’s Est., 132 Pa.…
1Opinion of the Court
Opinion by
Mr. Chief Justice Fell,
The testator after directing the sale of his real and personal property provided as follows: “8. After all the expenses are paid from aforesaid sale, I request that the money remaining be placed in the Rural Valley National Bank at interest, to provide for the maintenance *64and support of my sisters, Belinda Gourley and Julia Gourley. Should interest not provide for their maintenance and support the principal is to be drawn on.”
“9. I request that John C. Berger act as trustee of such funds as are placed in Rural Valley National Bank for the support and…
2Cases cited3 opinions
- Estate of TysonSupreme Court of Pennsylvania · 1899
- Rife v. GeyerSupreme Court of Pennsylvania · 1868
- Moore's EstateSupreme Court of Pennsylvania · 1901
3Cited by6 opinions
- Austin-Nichols & Co. v. Union Trust Co.Supreme Court of Pennsylvania · 1927
- Reighard's EstateSupreme Court of Pennsylvania · 1916
- Whiteley's EstateSupreme Court of Pennsylvania · 1922
- Reighard's EstateSupreme Court of Pennsylvania · 1925
- Cubberley's EstatePennsylvania Orphans' Court, Philadelphia County · 1924
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