Legal Opinion

Lightner's Appeal

Superior Court of Pennsylvania

Decided July 15, 1914No. Appeals, Nos. 12, 13 and 14PublishedCited by 3 opinions

Appeals, Nos. 12, 13 and 14, March T., 1914, by Harrisburg Trust Company, Guardian of Mabel G. Dewalt and Helen E. Dewalt, and Annie E. Cottingham, from decree of O. C. Dauphin Co., in sustaining exceptions to auditor’s report in Estate of Catharine E. Lightner, deceased. Exceptions to report of auditor, S. ¡3. Rupp, Esq., before Henry, P. J., specially presiding. The facts are stated in the opinion of the Superior Court.

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Appeals, Nos. 12, 13 and 14, March T., 1914, by Harrisburg Trust Company, Guardian of Mabel G. Dewalt and Helen E. Dewalt, and Annie E. Cottingham, from decree of O. C. Dauphin Co., in sustaining exceptions to auditor’s report in Estate of Catharine E. Lightner, deceased. Exceptions to report of auditor, S. ¡3. Rupp, Esq., before Henry, P. J., specially presiding. The facts are stated in the opinion of the Superior Court. Error assigned was in sustaining exceptions to auditor’s report.

1Opinion of the Court

Opinion by

Orlady, J.,

On February 23, 1910, Catherine E. Lightner executed a will by which she devised to Mabel G. Dewalt $800, to Helen E. Dewalt $800, and to Annie Cottingham $100, and provided, “All the rest and residue of my estate I give and bequeath unto the Home of the Friendless, in the city of Harrisburg. . . . Should said foregoing residuary bequest to said Home for the Friendless for any reason lapse or become void, then I give said residuary estate to said Mabel G. Dewalt, Helen E. Dewalt and Annie Cottingham, to be equally divided between them or the survivor or survivors of them…

2Cases cited4 opinions

  1. Price v. MaxwellSupreme Court of Pennsylvania · 1857
  2. Manners v. Philadelphia Library Co.Supreme Court of Pennsylvania · 1880
  3. Sloan's AppealSupreme Court of Pennsylvania · 1895
  4. Appeal of CarlSupreme Court of Pennsylvania · 1884

3Cited by3 opinions

  1. Hickman's EstateSupreme Court of Pennsylvania · 1932
  2. Wright's EstateSupreme Court of Pennsylvania · 1925
  3. Kuntz EstatePennsylvania Orphans' Court, Washington County · 1950

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