Legal Opinion

English's Estate

Supreme Court of Pennsylvania

Decided January 5, 1914No. Appeal, No. 61PublishedCited by 7 opinions

Appeal, No. 61, Oct. T., 1913, by Elizabeth Kuhn Kramer, Executrix of William A. Kramer, deceased, from decree of O. O. Allegheny Co., Oct. T., 1912, No. 148, dismissing exceptions to adjudication in Estate of Juliet G. English, deceased. Exceptions to adjudication. Before Over, J. The facts are stated in the opinion of the Supreme Court. The court dismissed exceptions to the adjudication.

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Appeal, No. 61, Oct. T., 1913, by Elizabeth Kuhn Kramer, Executrix of William A. Kramer, deceased, from decree of O. O. Allegheny Co., Oct. T., 1912, No. 148, dismissing exceptions to adjudication in Estate of Juliet G. English, deceased. Exceptions to adjudication. Before Over, J. The facts are stated in the opinion of the Supreme Court. The court dismissed exceptions to the adjudication. Error assigned was the decree of the court. —There is no ambiguity or uncertainty in the language of the will or the ninth paragraph thereof, and there is no need of artificial rules of construction: Reek’s…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

It is apparent from a reading of her will that the testatrix intended to make a final disposition of her residuary estate, which was to be held in trust, by providing who shall take upon the happening of certain contingencies, but it is equally apparent that she did not provide for the contingency which subsequently happened and upon which this controversy depends. It is argued for appellant that every intendment is to be made against holding a person to die intestate who has undertaken to dispose of his residuary estate, and that in arriving at the intention of a…

2Cases cited2 opinions

  1. Keene's EstateSupreme Court of Pennsylvania · 1908
  2. Lessee of Cheesman v. WiltSupreme Court of Pennsylvania · 1795

3Cited by7 opinions

  1. Verner EstateSupreme Court of Pennsylvania · 1947
  2. Wainwright EstateSupreme Court of Pennsylvania · 1954
  3. Bosworth's EstateSupreme Court of Pennsylvania · 1940
  4. Case EstatePennsylvania Orphans' Court, Bucks County · 1952
  5. Harty EstatePennsylvania Orphans' Court, Bucks County · 1989

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