Markley's Estate
Supreme Court of Pennsylvania
Appeal, No. 172, Jan T., 1892, by J. M. Willis Geist, trustee, and Florence Geist Lukens,«cestui que trust, from decree of O. O. Philadelphia Co., April T., 1890, No. 474, ordering payment of legacies in the estate of Elvira E. Markley, deceased. Hearing on petitions and answers.
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Appeal, No. 172, Jan T., 1892, by J. M. Willis Geist, trustee, and Florence Geist Lukens,«cestui que trust, from decree of O. O. Philadelphia Co., April T., 1890, No. 474, ordering payment of legacies in the estate of Elvira E. Markley, deceased. Hearing on petitions and answers. The petitions were filed by the Home of the Merciful Saviour for Crippled Children and by Anna M. Weaver, legatees under the will of testatrix, and set forth that by the said will testatrix had bequeathed to the former $2,000 and to the latter $1,000 in cash. The will contained the following residuary clause : “…
1Opinion of the Court
Per Curiam,
It is settled by abundant authority that where real and personal estate are blended in the residuary clause of a will, the legacies are a charge on the real and personal estates so blended: Gallagher’s Ap., 48 Pa. 121; Brisben’s Ap., 70 Id. 305; Davis’s Ap., 83 Pa. 348. To these authorities may be added one case, decided at the present term, and not yet reported.* The appellant contended, however, that the dwelling house, No. 112 S. 21st St., did not come within this principle, although embraced within the residuary clause, for the reason that it was specifically devised. We do not…
2Cases cited2 opinions
- Gallagher's AppealSupreme Court of Pennsylvania · 1864
- Davis's AppealSupreme Court of Pennsylvania · 1877
3Cited by4 opinions
- Daiss v. HanesSupreme Court of Colorado · 1929
- In re Estate of MitchellSupreme Court of Pennsylvania · 1897
- Bell's EstateSuperior Court of Pennsylvania · 1928
- Kirkpatrick v. Finney & ByrnesSupreme Court of Louisiana · 1878