Aubert's Appeal
Supreme Court of Pennsylvania
APPEAL FROM THE DECREE OF THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 117 July Term 1887, Sup. Ct.; court below, No. 13 July Term 1880, C. P. On October 19, 1886, was filed the account of the Pennsylvania Company for Insurance on Lives and Granting’ Annuities, as trustee for Caroline G. Getz and Thomas H. DeSilver, under the will of George P. DeSilver, deceased, one paragraph of which will was as follows: 7. I give, bequeath and devise the other and remaining one half…
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APPEAL FROM THE DECREE OF THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 117 July Term 1887, Sup. Ct.; court below, No. 13 July Term 1880, C. P. On October 19, 1886, was filed the account of the Pennsylvania Company for Insurance on Lives and Granting’ Annuities, as trustee for Caroline G. Getz and Thomas H. DeSilver, under the will of George P. DeSilver, deceased, one paragraph of which will was as follows: 7. I give, bequeath and devise the other and remaining one half part of all the rest, residue and remainder of my estate and property, both real and personal, and wheresoever situated,;of…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
The only matter of which the appellant complains is, that the court below declined to make distribution of one half the residuary trust fund under the seventh clause of the will of George P. DeSilver.
Mt requires but a glance at the clause in question to see that the^time appointed by the testator for the distribution of the principal of the trust fund has not arrived. Such distribution is expressly postponed until the death of his brother and his sister. The brother is deceased, it is true, but the sister is still living.
It is urged, however, that the death of the…
2Cases cited1 opinion
- Appeal of WilenSupreme Court of Pennsylvania · 1884
3Cited by7 opinions
- Lockhart's EstateSupreme Court of Pennsylvania · 1932
- Knox's Estate (No. 2)Supreme Court of Pennsylvania · 1937
- Packer's EstateSupreme Court of Pennsylvania · 1914
- Card's Estate (No. 1)Supreme Court of Pennsylvania · 1939
- Appeal of GetzSupreme Court of Pennsylvania · 1889
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