Minter's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Adams county. This was an appeal by Jacob Minter, for himself anti as agent for the children of Martin Minter, who was a brother of Baltzer G. Minter, deceased, and certain other legatees of said Baltzer G. Minter, from the decree of the Orphans’ Court on the account of the executors of the last will of said deceased.
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Appeal from the Orphans’ Court of Adams county. This was an appeal by Jacob Minter, for himself anti as agent for the children of Martin Minter, who was a brother of Baltzer G. Minter, deceased, and certain other legatees of said Baltzer G. Minter, from the decree of the Orphans’ Court on the account of the executors of the last will of said deceased. The material facts of the case are as follows ¡ — Baltzer G. Minter made his last will and testament on the 24th day of March. 1855, which was duly proven on the 27th of August 1858, in which there was this provision:— “ Item. — The balance and…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
We cannot doubt that the Act of 6th May 1844, § 2, Pamph. L. 564, saves this bequest to the testator’s sister from being void, though she was dead when the will was written, having left children that survived the testator. This interpretation of the law is so just, and presents itself so naturally, that we need waste no words about it. No amount of verbal criticism can make it clearer, but, as is usual in such cases, would only darken and confuse the thought.
*115Then how shall we interpret the bequests ? The testator says “ share and share…
2Cited by34 opinions
- Wanamaker EstateSupreme Court of Pennsylvania · 1960
- Lenhart's EstateSupreme Court of Pennsylvania · 1942
- Hamilton EstateSupreme Court of Pennsylvania · 1973
- Davis's EstateSupreme Court of Pennsylvania · 1935
- Fahey EstateSupreme Court of Pennsylvania · 1948
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