Legal Opinion

Risk's Appeal

Supreme Court of Pennsylvania

Decided May 15, 1866PublishedCited by 18 opinions

Appeal from tbe decree of the Orphans’ Court of Lycoming county, by James Risk and Catharine his wife, William II. Risk, Clarence Risk and James B. Risk, in the distribution of the estate of John Stauffer, deceased. John Stauffer, by his will, proved September 8th 1847, after the ordinary directions as to payment of debts, &c., and making some provisions for his wife, further directed as follows, viz.:— “ Third.

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Appeal from tbe decree of the Orphans’ Court of Lycoming county, by James Risk and Catharine his wife, William II. Risk, Clarence Risk and James B. Risk, in the distribution of the estate of John Stauffer, deceased. John Stauffer, by his will, proved September 8th 1847, after the ordinary directions as to payment of debts, &c., and making some provisions for his wife, further directed as follows, viz.:— “ Third. I direct that all my personal and real estate shall remain, as at present, unsold. Until after the death of my beloved wife, Margaret, the lawful income of one-third of the whole…

1Opinion of the Court

The opinion of the court was delivered, May 15th 1866, by

Woodward, C. J.

The authorities cited by the learned counsel of the appellants, do justify their proposition, that w'hen a testator designates the objects of his bequest or devise by their relationship to a living ancestor, such legatees or devisees take equal shares per capita. In great strictness of speech, the living of the ancestor, who is referred to only to designate the objects of the testator’s bounty, excludes the per stirpes rule, which belongs properly to the statutes of distribution, and is a substi*272tutionary rule, by which…

2Cited by18 opinions

  1. Wanamaker EstateSupreme Court of Pennsylvania · 1960
  2. Lenhart's EstateSupreme Court of Pennsylvania · 1942
  3. Hamilton EstateSupreme Court of Pennsylvania · 1973
  4. Davis's EstateSupreme Court of Pennsylvania · 1935
  5. Patchell v. GroomCourt of Appeals of Maryland · 1945

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