Legal Opinion

Mayer v. Walker

Supreme Court of Pennsylvania

Decided March 19, 1906No. Appeal, No. 300PublishedCited by 9 opinions

Appeal, No. 300, Jan. T., 1905, by defendant, from judgment of C. P. No. 5, Phila. Go., Dec. T., 1904, No. 1,639, on case stated in suit of Benjamin Mayer et al. v. Leon Walker et al. Case stated to determine title to real estate. The facts appear by the opinion of the Supreme Court. Error assigned was in entering judgment for plaintiff on case stated.

1Opinion of the Court

Opinion by

Mr. Justice Fell,

The general scheme of the testator’s will was this : He gave to his wife his household furniture as long as she remained unmarried, one-tliird of his personal estate absolutely, and one-third of the income of his real estate for life. He left $9,000, in trust, the income to be paid to his wife as long as she remained unmarried and upon her marriage or death to be paid to his son Leon for life, and upon his decease the principal was to go to his children. In case his son died without leaving any child or issue of a deceased child, one-third of the principal was to go…

2Cases cited2 opinions

  1. Muhlenberg's AppealSupreme Court of Pennsylvania · 1883
  2. McAlpin's EstateSupreme Court of Pennsylvania · 1905

3Cited by9 opinions

  1. Hill EstateSupreme Court of Pennsylvania · 1968
  2. Ewart v. DalbySupreme Court of Missouri · 1928
  3. Meek v. TrotterTennessee Supreme Court · 1915
  4. Martin v. GrinageSupreme Court of Pennsylvania · 1927
  5. Patterson v. ReedSupreme Court of Pennsylvania · 1918

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