Legal Opinion

Huddy's Estate

Supreme Court of Pennsylvania

Decided April 16, 1917No. Appeal, No. 396PublishedCited by 17 opinions

Appeal, No. 396, Jan. T., 1916, by Edwin H. Moore, surviving Executor of Helen W.. Fagan Moore, deceased, from decree of Superior Court, Oct. T., 1915, No. 359, reversing decree of O. C. Philadelphia Co., 1905, No, 370, dismissing exceptions to adjudication in Estate of Henry Huddy, Deceased. Appeal from Superior Court.

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Appeal, No. 396, Jan. T., 1916, by Edwin H. Moore, surviving Executor of Helen W.. Fagan Moore, deceased, from decree of Superior Court, Oct. T., 1915, No. 359, reversing decree of O. C. Philadelphia Co., 1905, No, 370, dismissing exceptions to adjudication in Estate of Henry Huddy, Deceased. Appeal from Superior Court. From the record it appeared that Henry Huddy, the testator, died on April 24, 1904, leaving a will by which he provided, inter alia, as follows: “Third — I give and bequeath the following legacies free of collateral inheritance tax to wit: “To the five children of my niece,…

1Opinion of the Court

Per Curiam,

The clearly expressed intention of the testator confines the distribution of the income from his estate to the children of his deceased niece, Eliza M. Fagan, and their issue. This was the correct conclusion of the Superior Court: Huddy’s Estate, 63 Pa. Superior Ct. 34. Helen Fagan Moore, a grandniece, having died without issue, her interest in the income terminated with her death: Rowland’s Est., 141 Pa. 553. Appeal dismissed and decree of Superior Court affirmed at appellant’s costs.

2Cases cited2 opinions

  1. Estate of RowlandSupreme Court of Pennsylvania · 1891
  2. Huddy's EstateSuperior Court of Pennsylvania · 1916

3Cited by17 opinions

  1. Wood's EstateSupreme Court of Pennsylvania · 1936
  2. Byrd v. WallisMississippi Supreme Court · 1938
  3. Maxwell's EstateSupreme Court of Pennsylvania · 1918
  4. Freeman's EstateSupreme Court of Pennsylvania · 1924
  5. Estate of Martin NixonSuperior Court of Pennsylvania · 1930

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