Ferguson's Estate
Supreme Court of Pennsylvania
Appeal, No. 2, Oct. T., 1902, by James C. Ferguson and George B. Ferguson, from decree of O. C. Westmoreland Co., Aug. T., 1900, No. 1, refusing to award real estate to executors at appraisement in estate of Samuel N. Ferguson, deceased. Petition for partition by widow. From tbe record it appeared that Samuel N. Ferguson died on April 20, 1890, testate, leaving to survive him a widow, Minnie Ferguson, and one son, Daniel J. Ferguson.
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Appeal, No. 2, Oct. T., 1902, by James C. Ferguson and George B. Ferguson, from decree of O. C. Westmoreland Co., Aug. T., 1900, No. 1, refusing to award real estate to executors at appraisement in estate of Samuel N. Ferguson, deceased. Petition for partition by widow. From tbe record it appeared that Samuel N. Ferguson died on April 20, 1890, testate, leaving to survive him a widow, Minnie Ferguson, and one son, Daniel J. Ferguson. By his will he devised and bequeathed his farm to his son, who was then about two years of age, to be held in trust for him by his executors until he arrived at…
1Opinion of the Court
Opinion by
Mb. Justice Potter,
The testator, Samuel N.«Ferguson, devised his farm to his only son Daniel, to be held in trust by his executors until the son arrived at the age of twenty-one years. In case of the death of the son before attaining his majority, the executors were empowered to sell the farm. The widow, Minnie Ferguson, refused to take under the will, and elected to take under the intestate laws.
The son Daniel died on November 13, 1897, at the age of nine years, leaving to survive him his mother, the widow of testator. Under the terms of the will the real estate was then to be…
2Cases cited9 opinions
- Long's AppealSupreme Court of Pennsylvania · 1874
- Estate of DanhouseSupreme Court of Pennsylvania · 1889
- Ragan's EstateSupreme Court of Pennsylvania · 1838
- Painter v. HendersonSupreme Court of Pennsylvania · 1847
- Stewart v. Allegheny National BankSupreme Court of Pennsylvania · 1882
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