Haverstick's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Montgomery county : Of January Term 1883, No. 176. This was an appeal by Horace Haverstick, administrator of Mrs. Melcense McAlonan, from a decree of the said court dismissing his exceptions to the report of an Auditor in the matter of the distribution of the balance in the hands of the executors of Eli Stover, deceased, and confirming the said report.
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Appeal from the Orphans’ Court of Montgomery county : Of January Term 1883, No. 176. This was an appeal by Horace Haverstick, administrator of Mrs. Melcense McAlonan, from a decree of the said court dismissing his exceptions to the report of an Auditor in the matter of the distribution of the balance in the hands of the executors of Eli Stover, deceased, and confirming the said report. The facts of the case were as follows: Eli Stover died September 4th 1881, having by his will, dated October 11th 1879, proved September 20th 1881, provided, inter alia as follows: “Item. I give, devise and…
1Opinion of the Court
The opinion of the court was filed.Pee Cueiam.
The intent of the testator is very clear. Having given specific legacies to the several persons named, he provided:' “Should any of them die before the distribution of my estate, without heirs, then the part allotted to such shall be divided equally among the others named.” He did not mean that the husband or wife of either of them should take in that contingency. In the sense in which the word “heirs ” is there used, the testator meant child or children. The word heirs must be held to-mean issue or children when necessary to carry out the clear -…
2Cited by3 opinions
- Estate of WengerdSupreme Court of Pennsylvania · 1891
- Hill EstateSupreme Court of Pennsylvania · 1968
- Wraught's EstatePennsylvania Orphans' Court, Philadelphia County · 1942