In re Estate of McAuley
Supreme Court of Pennsylvania
Appeal, No. 130, Oct. T., 1897, by-John E. Ash, executor of the estate of Mary McAuley, deceased, from decree of O. C. Allegheny Co., March T., 1897, No. 4, overruling exceptions to adjudication. Exceptions to adjudication.
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Appeal, No. 130, Oct. T., 1897, by-John E. Ash, executor of the estate of Mary McAuley, deceased, from decree of O. C. Allegheny Co., March T., 1897, No. 4, overruling exceptions to adjudication. Exceptions to adjudication. Before Over, J. James McAuley, who died on the 9th day of January, 1871, by his will, dated and executed November 26,1870, made large bequests to his sisters, Margaret and Mary, and also devised to them a house and lot on Duquesne. way, in the city of Pitts-burg. Margaret died in 1871, a few months after her brother, and thereupon her interest in said property passed to…
1Opinion of the Court
Opinion by
Mb. Justice Gbeen,
Miss Mary McAuley was the actual and undoubted owner in fee of the property in question, in her own right alone, from the death of her sister in 1871, until and at the time of her death on January 6,1886. As such owner she had the absolute right *127to make any lawful disposition of the property she might choose, and none could question her right. She chose to make a declaration in writing respecting the property which was not valid as a will, but which if it was competently expressed as a trust, certainly, had legal efficacy to that end, because it was not in…
2Cases cited4 opinions
- Hoge v. HogeSupreme Court of Pennsylvania · 1832
- Hoffner's EstateSupreme Court of Pennsylvania · 1894
- Church v. RulandSupreme Court of Pennsylvania · 1870
- Irwin v. IrwinSupreme Court of Pennsylvania · 1859
3Cited by8 opinions
- Lewis v. CurnuttSupreme Court of Iowa · 1906
- Cohen v. De CiccoSuperior Court of Pennsylvania · 1926
- Fickes's EstateSuperior Court of Pennsylvania · 1915
- Estate of Sarah J. LidstoneSuperior Court of Pennsylvania · 1927
- Kelley's EstateSuperior Court of Pennsylvania · 1905
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