Estate of Root
Supreme Court of Pennsylvania
Appeal, No. 432, Jan. T., 1897, by William Root, from decree of O. C. Phila. Co., Jan. T., 1883, No. 94, dismissing exceptions to readjudication. Exceptions to readjudication. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 432, Jan. T., 1897, by William Root, from decree of O. C. Phila. Co., Jan. T., 1883, No. 94, dismissing exceptions to readjudication. Exceptions to readjudication. The facts appear by the opinion of the Supreme Court. Errors assigned were in dismissing exceptions to readjudication. —It is, in this state, well settled that where there is a person of the blood of the testator who corresponds to the description, it is not permitted to prove either that an illegitimate relation or one connected by marriage is meant: Appel v. Byers, 98 Pa. 479 ; Lewis v. Fislier, 2 Yeates, 196 ;…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
The question for consideration is as to the identity of a legatee under the decedent’s will. The testator died October 23, 1882, having executed his will on October 11 of same month. By the will, he gave to his wife the entire income of his estate during life, and at her death distributed the principal among, relatives of himself and wife, and also made bequests for charitable and religious purposes. The widow died April 28,1895, and the estate is now for distribution. In the fourth item of 1ns will the testator says: “ And from and immediately after the decease of…
2Cases cited2 opinions
- Appel v. ByersSupreme Court of Pennsylvania · 1881
- Green's AppealSupreme Court of Pennsylvania · 1862
3Cited by22 opinions
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- Gerety EstateSupreme Court of Pennsylvania · 1946
- Dembinski's EstateSupreme Court of Pennsylvania · 1934
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