Legal Opinion

Young's Appeal

Supreme Court of Pennsylvania

Decided January 2, 1877PublishedCited by 7 opinions

Appeal from the decree of the Orphans’ Court of Allegheny county, No. 132: Of October and November Term 1876. This was the appeal of Mary Young from the decree of the Orphans’ Court of Allegheny county, distributing the balance in the hands of Graham Scott, the executor under the wills of Andrew Beggs, deceased, and his wife, Alcy Beggs, deceased. ■ Andrew Beggs died in 1853, leaving a will which contained the following clause:— “ I will the residue of my estate, real,…

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Appeal from the decree of the Orphans’ Court of Allegheny county, No. 132: Of October and November Term 1876. This was the appeal of Mary Young from the decree of the Orphans’ Court of Allegheny county, distributing the balance in the hands of Graham Scott, the executor under the wills of Andrew Beggs, deceased, and his wife, Alcy Beggs, deceased. ■ Andrew Beggs died in 1853, leaving a will which contained the following clause:— “ I will the residue of my estate, real, personal and mixed, to my beloved wife, Alcy, for and during her life; and, further, I will that at her decease, such moneys…

1Opinion of the CourtJustice Mercur

*63The correctness of this decree is to be determined' by the construction given to the -will of Andrew Beggs. The clause in question is in these words:—

“ 3d. I will the residue of my estate, real, personal and mixed, to my beloved wife, Alcy, for and during her life; and, further, Í will that at her decease such moneys or property as she may possess be equally divided between her relations and mine, or such of them as she may believe most worthy.”

It may be conceded as a rule of construction in a will, that when a testator designates the objects of his gift by their relationship to a living…

2Cases cited1 opinion

  1. Walker v. Griffin's HeirsSupreme Court of the United States · 1826

3Cited by7 opinions

  1. Ihrie's EstateSupreme Court of Pennsylvania · 1894
  2. Herman's EstateSuperior Court of Pennsylvania · 1927
  3. Penney's EstateSupreme Court of Pennsylvania · 1893
  4. Henry v. HenryIllinois Supreme Court · 1941
  5. Roelfs' Cousins v. WhiteOregon Supreme Court · 1915

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