Barbara Herr's Estate
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lancaster county. John Herr died in 1838, having made his last will and testament in writing, dated the 16th August, 1837. He left him surviving six children and two grandsons, Benjamin and John Eshelman, the children of a deceased daughter, and to whom he bequeathed as follows:— “ Item, I give and bequeath unto my two grandsons, Benjamin Eshelman and John Eshelman (being the children of my daughter Anna, deceased), one thousand dollars,…
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Appeal from the Orphans’ Court of Lancaster county. John Herr died in 1838, having made his last will and testament in writing, dated the 16th August, 1837. He left him surviving six children and two grandsons, Benjamin and John Eshelman, the children of a deceased daughter, and to whom he bequeathed as follows:— “ Item, I give and bequeath unto my two grandsons, Benjamin Eshelman and John Eshelman (being the children of my daughter Anna, deceased), one thousand dollars, lawful money of Pennsylvania ; that is to say, I give five hundred dollars to each of them, their heirs and assigns for…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
Although this is a distribution of Barbara Herr’s estate, it is to be controlled by the will of her father John Herr; for the estate consisted of the unexpended portion of á fund which he bequeathed in trust for her for life with re*470mainder over to his other children and their representatives. The trustee having applied the proceeds of the fund and part of the principal for her support during life, has now, she being dead, a residuum in his hands to be distributed according to the provisions of the will.
The question then fairly presented on…
2Cited by9 opinions
- Hogg's EstateSupreme Court of Pennsylvania · 1937
- Snow v. FerrilSupreme Court of Missouri · 1928
- Simpson's EstateSupreme Court of Pennsylvania · 1914
- Estate of McAfeeSupreme Court of Pennsylvania · 1975
- Estate of McAfeeSupreme Court of Pennsylvania · 1975
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