Legal Opinion

Frechie's Estate

Superior Court of Pennsylvania

Decided March 1, 1916No. Appeals, Nos. 299 and 300PublishedCited by 4 opinions

Appeals, Nos. 299 and 300, Oct. T., 1914, by Sarah Pereyra Myers and Laura. Pereyra, from decree of O. C. Philadelphia Co., Jan. T., 1914, No. 554, dismissing exceptions to adjudication in Estate of Abraham M. Frechie, deceased. Exceptions to adjudication.

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Appeals, Nos. 299 and 300, Oct. T., 1914, by Sarah Pereyra Myers and Laura. Pereyra, from decree of O. C. Philadelphia Co., Jan. T., 1914, No. 554, dismissing exceptions to adjudication in Estate of Abraham M. Frechie, deceased. Exceptions to adjudication. From the record it appeared that Abraham Frechie, the testator, died October 19, 1906, leaving a will dated January 19,1905, and a single codicil dated January 15, 1906, wherein he devised his entire estate in trust for the benefit of his wife for life, and upon her death, to a number of charities and nephews and nieces. The 17th item of…

1Opinion of the Court

Opinion by

Henderson, J.,

The testator by his will dated January 9, 1905, after having made numerous devises and bequests to certain public charities and to nephews and nieces named, as devisees or legatees made the following provision with reference to the residuary estate: “if for any reason whatever there should be a deficiency of assets, then all of the bequests herein made shall proportionately abate, but not the devises of real estate, — they shall not be disturbed by reason thereof, and as it is not my intention to die intestate as to any part of my estate, should it so happen that after…

2Cases cited2 opinions

  1. Sheetz's AppealSupreme Court of Pennsylvania · 1876
  2. Alsop's AppealSupreme Court of Pennsylvania · 1848

3Cited by4 opinions

  1. Schattenberg's EstateSupreme Court of Pennsylvania · 1920
  2. Dutton's EstateSupreme Court of Pennsylvania · 1930
  3. Chauncey's EstateSupreme Court of Pennsylvania · 1939
  4. Whelen EstatePennsylvania Orphans' Court, Philadelphia County · 1954

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