Massey's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1879, No. 86. Appeal of Anna E. Massey and others, residuary legatees under the will of Mary P. Loxley, deceased.
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Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1879, No. 86. Appeal of Anna E. Massey and others, residuary legatees under the will of Mary P. Loxley, deceased. This was a petition by the personal representatives of two of the next of kin of the testatrix, for a review of the auditor’s report and the decree confirming the same, whereby the amount of a lapsed legacy was awarded to the residuary legatees; and praying that the said legacy might be awarded to her next of kin. The petition avers, that Mary P. Loxley, by the last codicil to her will, dated August 6th 1866,…
1Opinion of the CourtJustice Woodward
In Pennsylvania, throughout its history as a province and a state, the rules of the common law regarding the devolution of property described in lapsed devises and bequests have been accepted as in full force. They have been constantly applied and acted on by the courts and by members of the bar. While there have been indications of a belief in the minds of individual judges in some recent cases that the Act of the 8th of April 1833 has modified them, they have never been departed from in any precedent of controlling authority. Under these rules, real estate, the devise of which had lapsed,…
2Cases cited3 opinions
- Allison v. KurtzSupreme Court of Pennsylvania · 1834
- Nyce's EstateSupreme Court of Pennsylvania · 1843
- Woolmer's EstateSupreme Court of Pennsylvania · 1838
3Cited by5 opinions
- Gray's EstateSupreme Court of Pennsylvania · 1892
- George Washington University v. Riggs Nat. Bank of WashingtonCourt of Appeals for the D.C. Circuit · 1936
- Rizer v. PerryCourt of Appeals of Maryland · 1882
- Slater EstateSupreme Court of Pennsylvania · 1954
- Moore v. Lincoln Hospital Ass'n of LincolnCourt of Appeals for the Eighth Circuit · 1925