Legal Opinion

Fitzpatrick's Estate

Supreme Court of Pennsylvania

Decided July 6, 1911No. Appeal, No. 106PublishedCited by 21 opinions

Appeal, No. 106, Jan. T., 1911, by John F. Barry, from decree of O. C. Lancaster Co., dismissing exceptions to adjudication in Estate of John J. Fitzpatrick. Exceptions to adjudication. From the record it appeared that testator, John J. Fitzpatrick, died December 14, 1889, leaving to survive him, his sister, Catharine R. Eckert, and a nephew and two nieces, the children of a sister who died before the testator.

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Appeal, No. 106, Jan. T., 1911, by John F. Barry, from decree of O. C. Lancaster Co., dismissing exceptions to adjudication in Estate of John J. Fitzpatrick. Exceptions to adjudication. From the record it appeared that testator, John J. Fitzpatrick, died December 14, 1889, leaving to survive him, his sister, Catharine R. Eckert, and a nephew and two nieces, the children of a sister who died before the testator. The auditing judge construed the clause of the will quoted in the opinion of the Supreme Court as giving the remainder, after the death of his sister without children, to the…

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

John J. Fitzpatrick in his last will and testament provided, inter alia, as follows: “I give and bequeath to my hereinafter named executor, the sum of twelve thousand dollars in trust as follows: the same to be invested at interest in good security and the net income thereof to be regularly paid to my sister, Catharine, wife of Charles W. Eckert, during her lifetime and after her death I give and bequeath said principal sum of twelve thousand dollars to her children in equal shares, but in the event that no children survive her then I give and bequeath the same to…

2Cases cited5 opinions

  1. Buzby's AppealSupreme Court of Pennsylvania · 1869
  2. Stewart's EstateSupreme Court of Pennsylvania · 1892
  3. Fuller's EstateSupreme Court of Pennsylvania · 1909
  4. Estate of AshtonSupreme Court of Pennsylvania · 1890
  5. In re McCreaSupreme Court of Pennsylvania · 1897

3Cited by21 opinions

  1. Groninger's EstateSupreme Court of Pennsylvania · 1920
  2. Tatham's EstateSupreme Court of Pennsylvania · 1915
  3. Himmel v. HimmelIllinois Supreme Court · 1920
  4. Nass's EstateSupreme Court of Pennsylvania · 1935
  5. Farmers Trust Co., Excr. v. Wilson Et Ux.Supreme Court of Pennsylvania · 1948

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