Domestic & Foreign Missionary Society's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia. This was an appeal by The Domestic and Eoreign Missionary Society of the Protestant Episcopal Church of the United States of America, from the decree of the Orphans’ Court, confirming the report of an auditor appointed to audit, settle, and adjust the accounts of the executors of the estate of Elliott Cresson, deceased, and also to report specially who were the persons entitled to receive each respective legacy under his will,…
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Appeal from the Orphans’ Court of Philadelphia. This was an appeal by The Domestic and Eoreign Missionary Society of the Protestant Episcopal Church of the United States of America, from the decree of the Orphans’ Court, confirming the report of an auditor appointed to audit, settle, and adjust the accounts of the executors of the estate of Elliott Cresson, deceased, and also to report specially who were the persons entitled to receive each respective legacy under his will, and what amount was to be paid on the same, respectively. The testator, by a codicil to his will, dated the 7th October…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
— This appeal raises two principal questions. They are, whether the testator’s will sufficiently defines the objects of his intended bounty, and whether, if it does, the legacy can be decreed to the appellants.
The clause in the codicil to the will, out of which the questions arise, is as follows: “ I give and bequeath to the mission and schools of the Episcopal Church about to be established at or near Port Cresson, the sum of $5000; in the disbursement of which, as well as in the application of the fund bequeathed to the seminary near…
2Cases cited5 opinions
- Inglis v. Trustees of Sailor's Snug Harbour in City of New YorkSupreme Court of the United States · 1830
- Beatty and Ritchie v. Kurtz and OthersSupreme Court of the United States · 1829
- The Town of Pawlet v. D. CLARK & OTHERSSupreme Court of the United States · 1815
- Mayor of Philadelphia v. ElliottSupreme Court of Pennsylvania · 1831
- Martin v. M'CordSupreme Court of Pennsylvania · 1836
3Cited by21 opinions
- Thompson WillSupreme Court of Pennsylvania · 1965
- Dulles's EstateSupreme Court of Pennsylvania · 1907
- Thompson's EstateSupreme Court of Pennsylvania · 1924
- Burns v. KabboulSuperior Court of Pennsylvania · 1991
- Laymen's Week-End R.L. of Phila. v. ButlerSuperior Court of Pennsylvania · 1923
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