Elwart's Estate
Superior Court of Pennsylvania
Appeal, No. 162, Oct. T., 1912, by Sarah A. Maesch, from decree of O. C. Phila. Co., April T., 1911, No. 156, dismissing exceptions to adjudication in Estate of Johanna B. Elwert, deceased. Exceptions to adjudication.
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Appeal, No. 162, Oct. T., 1912, by Sarah A. Maesch, from decree of O. C. Phila. Co., April T., 1911, No. 156, dismissing exceptions to adjudication in Estate of Johanna B. Elwert, deceased. Exceptions to adjudication. From the adjudication it ^appeared that the testatrix died February 17, 1909, leaving a will whereby she gave $100 each to Otto M. Elwert, Jr., Lillie Elwert, George Elwert and Eliza Elwert, and the residue of her estate to her four children, one-fourth each to Bertha E. Weniger, Sarah A. Maisch and Max B. Elwert, and the remaining one-fourth to Max B. Elwert as trustee. “To pay…
1Opinion of the Court
Opinion by
Head, J.,
The record presented by this appeal discloses no reversible error. The opinions filed by the learned auditing judge and court in banc fairly meet and dispose of every material question involved. Due recognition is given to what Chief Justice Gibson in Zeigler v. Eckert, 6 Pa. 13, calls “the legal presumption of an intention not to discharge a debt which arises from a naked legacy to the debtor.” It is upon this presumption the appellant must rely. But it is clearly pointed out in Sharp v. Wightman, 205 Pa. 285, that where a testator makes a gift of the net income of a fund…
2Cases cited3 opinions
- Zeigler v. EckertSupreme Court of Pennsylvania · 1847
- Sharp v. WightmanSupreme Court of Pennsylvania · 1903
- Neel's EstateSupreme Court of Pennsylvania · 1904
3Cited by2 opinions
- Gretz Trust, Pennsylvania Court of Common Pleas, Philadelphia County1975
- Knoppel's EstatePennsylvania Orphans' Court, Philadelphia County · 1922