Lee's Estate
Superior Court of Pennsylvania
Appeal, No. 99, Oct. T., 1900, by Keturah Lee, from decree of O. C. Bucks Co., dismissing petition for allowance out of principal in the estate of Clarissa Lee. Petition for allowance out of principal. The petition set forth that the petitioner was a daughter of Clarissa Lee, and prayed that the trustee, the Doylestown Trust Company, should pay to petitioner a portion of the principal of a fund in its hands under the will of Clarissa Lee.
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Appeal, No. 99, Oct. T., 1900, by Keturah Lee, from decree of O. C. Bucks Co., dismissing petition for allowance out of principal in the estate of Clarissa Lee. Petition for allowance out of principal. The petition set forth that the petitioner was a daughter of Clarissa Lee, and prayed that the trustee, the Doylestown Trust Company, should pay to petitioner a portion of the principal of a fund in its hands under the will of Clarissa Lee. From the record it appeared that Clarissa Lee died on January 29, 1875. She left a will dated October 26, 1866, whereby she gave and bequeathed to her…
1Opinion of the Court
Opinion by
Rice, P. J.,
The execution of a codicil to a prior will is a republication of it and operates as a revocation of an intermediate will: Neff’s Appeal, 48 Pa. 501. But there is a great distinction between an intermediate will and an intermediate codicil in this respect. By the commonly accepted definition a codicil “is a supplement to a will, or an addition made by the testator and annexed to, and to be taken as part of a testament; being for its explanation, or alteration, or to make some addition to, or else some subtraction from, the former disposition of the testator: ” 2…
2Cases cited1 opinion
- Neff's AppealSupreme Court of Pennsylvania · 1865
3Cited by9 opinions
- Crooks EstateSupreme Court of Pennsylvania · 1957
- Syfer v. DolbyCourt of Appeals of Maryland · 1943
- Veditz v. AtheyCourt of Appeals of Maryland · 1965
- Estate of DuboisCalifornia Court of Appeal · 1949
- Johnson EstateSupreme Court of Pennsylvania · 1969
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