Appeal of the Boards of Missions of the United Presbyterian Church
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Indiana county: Of October and November Term 1879, No. 353. Appeal by the Boards of Home and Foreign Missions of the United Presbyterian Church of North America from the decree of the court in the matter of the distribution of the fund in the hands of Robert Pattison, executor of Archibald Stewart, deceased.
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Appeal from the Orphans’ Court of Indiana county: Of October and November Term 1879, No. 353. Appeal by the Boards of Home and Foreign Missions of the United Presbyterian Church of North America from the decree of the court in the matter of the distribution of the fund in the hands of Robert Pattison, executor of Archibald Stewart, deceased. Archibald Stewart died on the 5th of April 1877, unmarried, aged about ninety years, and leaving a will dated September 24th 1857, with two codicils, dated respectively December 7th 1861 and August 26th 1864. The testator bequeathed a number of specific…
1Opinion of the CourtJustice Gordon
The material matter in controversy, in this case, is the sum of $34,457.72 which had accumulated, from dividends on bank stocks and otherwise, between the time of the date of the will in dispute, September 24th 1857, and the death of the testator April 5th 1877.
On the one hand it is contended, that by force of the residuary devise this sum belongs to the appellants, the residuary devisees and legatees, and on the other, that of this sum Archibald Stewart, the testator, died intestate.
This contention must be determined from the will itself; if the language of the residuary devise were certain…
2Cases cited3 opinions
- Lessee of Findlay v. RiddleSupreme Court of Pennsylvania · 1810
- Woolmer's EstateSupreme Court of Pennsylvania · 1838
- Bredlinger's AppealSupreme Court of Pennsylvania · 1854
3Cited by8 opinions
- Reimer's EstateSupreme Court of Pennsylvania · 1893
- Estate of BoiesSupreme Court of Pennsylvania · 1896
- Lefebvre v. D'ArcySupreme Court of Pennsylvania · 1912
- Vance's EstateSupreme Court of Pennsylvania · 1904
- Donaldson EstateSupreme Court of Pennsylvania · 1949
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