McClellan's Estate
Supreme Court of Pennsylvania
Appeal, No. 161, Oct. T., 1893, by Thomas M. Henry, from decree of O. O. Beaver Co., March T., 1893, No. 6, dismissing exceptions to adjudication in estate of Wm. McClellan. Adjudication of decedent’s estate.
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Appeal, No. 161, Oct. T., 1893, by Thomas M. Henry, from decree of O. O. Beaver Co., March T., 1893, No. 6, dismissing exceptions to adjudication in estate of Wm. McClellan. Adjudication of decedent’s estate. Before Wickham, P. J. The facts appear by the following opinion of the court below, dismissing exceptions to report of L. E. Grim, Esq., auditor: “William McClellan died on the 17th day of April, 1867, having first made his last will and testament wherein he devised to Francis McClellan and his wife Jane, for their lives and the life of the survivor of them, a tract of land in Pulaski…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
The fund in controversy was raised by a sale of land made under the direction of the orphan’s court for the purpose of making distribution in obedience to the will of William McClellan, deceased.
By the terms of this will, an estate in the land was given to Francis, the son of the testator, and his wife, during their natural lives. Upon the death of both, the testator directed that the land should be sold, and the proceeds divided equally between their children. One of the tenants for life is dead. The title of the survivor is now held by one of the children…
2Cases cited3 opinions
- Bailey v. Allegheny National BankSupreme Court of Pennsylvania · 1883
- Henry v. McClellan, Pennsylvania Court of Common Pleas, Beaver County1892
- Brolasky v. Gally's ExecutorsSupreme Court of Pennsylvania · 1866
3Cited by1 opinion
- McCormick v. SkellySupreme Court of Pennsylvania · 1902