Legal Opinion

Spencer's Estate

Superior Court of Pennsylvania

Decided July 15, 1908No. Appeal, No. 196PublishedCited by 3 opinions

Appeal, No. 196, April T., 1908, by Alfred Hileman, guardian, from decree of O. C. Armstrong Co., Sept. T., 1907, No. 18, dismissing exceptions to auditor’s report in Estate of Jacob Spencer, deceased. Exceptions to report of Ross Reynolds, Esq., auditor. The opinion of the Superior Court states the facts of the case. Error assigned was decree dismissing exceptions to auditor’s report.

1Opinion of the Court

Opinion by

Henderson, J.,

The clause of the will of Jacob Spencer involved in this appeal is in these words: “The residue of my estate, real and personal and mixed shall be divided equally between Rosanna Hankey and Emma Riggle.” Both of the legatees were daughters of the testator. Rosanna died in the lifetime of her father and before the execution of his will, leaving to survive her four children, all of whom survived the testator. The controversy arises as to the distribution of the share of her father’s estate which Rosanna would have taken if she had survived him, the appellant contending…

2Cases cited4 opinions

  1. Gray's EstateSupreme Court of Pennsylvania · 1892
  2. Minter's AppealSupreme Court of Pennsylvania · 1861
  3. Waln's EstateSupreme Court of Pennsylvania · 1893
  4. Schieffelin v. KesslerSupreme Court of Pennsylvania · 1835

3Cited by3 opinions

  1. Desh's EstateSupreme Court of Pennsylvania · 1936
  2. Todd v. GambrillCourt of Chancery of Delaware · 1927
  3. Simonson EstatePennsylvania Orphans' Court, Washington County · 1960

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