Campbell's Estate
Superior Court of Pennsylvania
Appeal, No. 167, April T., 1913, by Benjamin H. Thompson, Ancillary Administrator c. t. a. of the Estate of Stephen M. S. Campbell, deceased, from decree of O. C. Allegheny Co., May T., 1912, No. 123, sustaining exceptions to adjudication in Estate of Sarah A. Campbell, deceased. Exceptions to adjudication. From the record it appeared that James Wallace died on July 7, 1881, intestate, leaving as his only heirs a number of nephews and nieces.
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Appeal, No. 167, April T., 1913, by Benjamin H. Thompson, Ancillary Administrator c. t. a. of the Estate of Stephen M. S. Campbell, deceased, from decree of O. C. Allegheny Co., May T., 1912, No. 123, sustaining exceptions to adjudication in Estate of Sarah A. Campbell, deceased. Exceptions to adjudication. From the record it appeared that James Wallace died on July 7, 1881, intestate, leaving as his only heirs a number of nephews and nieces. His estate consisted of real and personal property. One of the nieces, Sarah A. Campbell, a resident of Kansas, died on July 26, 1885, leaving a will by…
1Opinion of the Court
Per Curiam,
The decision of the principal question in this case turns upon the proper construction of the will of the testatrix. If the construction adopted by the learned auditing judge, and ably and earnestly maintained in his original as well *361as in his dissenting opinion, be the correct one, his conclusion that the claims of the principal legatees were barred by sec. 7 of the Act of April 28, 1855, P. L. 368, would be irresistible. In that view of the will, the decision in Wingett’s Est., 122 Pa. 486, would be directly in point and controlling. But notwithstanding what has been so well said…
2Cases cited2 opinions
- Appeal of WingettSupreme Court of Pennsylvania · 1888
- Second National Bank v. ThompsonSuperior Court of Pennsylvania · 1910