Culin's Appeal
Supreme Court of Pennsylvania
Certiorari to the Orphans’ Court of Delaware county, in the matter of the appeal of Justis Culin, administrator of the estate of Benjamin Wright, deceased, from the decree of the said Court. The dispute arose under the will of Israel Urian. The testator devised to his wife all his estate, both real and personal, during the term of her natural life.
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Certiorari to the Orphans’ Court of Delaware county, in the matter of the appeal of Justis Culin, administrator of the estate of Benjamin Wright, deceased, from the decree of the said Court. The dispute arose under the will of Israel Urian. The testator devised to his wife all his estate, both real and personal, during the term of her natural life. He further devised, from and after the decease of his wife, to his eight children, (Hannah, who was then married, being one,) all his estate, both real and whatsoever then remained of the personal estate, to be equally-divided between them. But he…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J.
The question arising upon the construction of the will in this case is, whether the testator intended to prefer his grandson over his own daughter. After giving a life estate to his wife, he gives a residuary share to his daughter Hannah, in terms as absolute as it is possible to express them. But he afterwards appoints a trustee, who is directed to observe certain conditions in regard to the payment of it. If his daughter’s husband continues to refrain from taking strong drink to excess, for one year after the death of testator’s widow, the…
2Cited by2 opinions
- Weaver's EstateSuperior Court of Pennsylvania · 1909
- Renner's EstatePennsylvania Orphans' Court, Philadelphia County · 1947