Legal Opinion

Moyer's Estate

Supreme Court of Pennsylvania

Decided March 24, 1924No. Appeals, Nos. 45 and 46PublishedCited by 17 opinions

Appeals, Nos. 45 and 46, Jan. T., 1924, by Anna Heck and J. Linnington Moyer, children of testator, from decree of O. O. Berks Co., Sept. T., 1922, No. 65, dismissing exceptions to adjudication, in estate of Jacob L. Moyer, deceased. Exceptions to adjudication. Before Schaeffer, P. J. See 15 Berks Co. L. J. 150. The opinion of the Supreme Court states the facts. Exceptions dismissed. Anna Heck and J. Linnington Moyer, children of testator, appealed.

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Appeals, Nos. 45 and 46, Jan. T., 1924, by Anna Heck and J. Linnington Moyer, children of testator, from decree of O. O. Berks Co., Sept. T., 1922, No. 65, dismissing exceptions to adjudication, in estate of Jacob L. Moyer, deceased. Exceptions to adjudication. Before Schaeffer, P. J. See 15 Berks Co. L. J. 150. The opinion of the Supreme Court states the facts. Exceptions dismissed. Anna Heck and J. Linnington Moyer, children of testator, appealed. Error assigned was, inter alia, decree, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Simpson,

Testator died in 1881, leaving to survive him a wife and five children; one of the latter has since died,unmarried, intestate and without issue. By his will he left two properties in trust for his wife for life, with remainder as follows:

“Upon the decease of my wife the rents aforesaid after payment of repairs, taxes and insurance shall be divided quarterly among all of my children in equal shares, or their heirs, until the year of our Lord, 1901, at which time my youngest son will be twenty-three years old. My desire is then if a majority of my said children or…

2Cases cited2 opinions

  1. Joyce's EstateSupreme Court of Pennsylvania · 1922
  2. Lefebvre v. D'ArcySupreme Court of Pennsylvania · 1912

3Cited by17 opinions

  1. Lyon v. AlexamderSupreme Court of Pennsylvania · 1931
  2. Benedum EstateSupreme Court of Pennsylvania · 1967
  3. Biles v. BilesSupreme Court of Pennsylvania · 1924
  4. England EstateSupreme Court of Pennsylvania · 1964
  5. Rzedzianowski's EstateSuperior Court of Pennsylvania · 1941

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