Estate of Hunt
Pennsylvania Orphans' Court, Lehigh County
No. 218 January Term 1890, Sup. Ct.; court below, number and term not given. In March, 1888, David Hunt, R. C. Hammersley and R. H. Hepburn, executors of the will of Joshua Hunt, deceased, filed an account in obedience to the order of the court upon the petition of J. Winslow Wood, guardian of Helen L. Hunt, a grandchild of the testator.
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No. 218 January Term 1890, Sup. Ct.; court below, number and term not given. In March, 1888, David Hunt, R. C. Hammersley and R. H. Hepburn, executors of the will of Joshua Hunt, deceased, filed an account in obedience to the order of the court upon the petition of J. Winslow Wood, guardian of Helen L. Hunt, a grandchild of the testator. The account was referred to Mr. John Rupp, appointed auditor to hear and determine exceptions filed by J. Winslow Wood, as guardian, to certain credits claimed by the accountants, and to report a distribution. Before the auditor facts were made to appear as…
1Opinion of the Court
NO. 218.
Opinion,
Mr. Justice Green:
One of our earliest cases, in which the rule that a bequest to children does not include grandchildren was declared, was Hallowell v. Phipps, 2 Wh. 376. It was thus stated by Mr. Justice Rogers in delivering the opinion of this court: “ Under a bequest to children, grandchildren and other remote issue are excluded, unless it be the apparent intention of the testator, disclosed by his will, to provide for the children of a deceased child. But such construction can only arise from a clear intention or necessary implication; as where there are not other children…
2Cases cited4 opinions
- Hallowell v. PhippsSupreme Court of Pennsylvania · 1837
- Horwitz v. NorrisSupreme Court of Pennsylvania · 1865
- Castner's AppealSupreme Court of Pennsylvania · 1879
- In re Eichelberger's EstateSupreme Court of Pennsylvania · 1847
3Cited by17 opinions
- Puterbaugh's EstateSupreme Court of Pennsylvania · 1918
- Worstall's EstateSuperior Court of Pennsylvania · 1936
- Denlinger's EstateSupreme Court of Pennsylvania · 1895
- Harrison's EstateSuperior Court of Pennsylvania · 1902
- McGlensey's EstateSuperior Court of Pennsylvania · 1908
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