Rosengarten v. Ashton
Supreme Court of Pennsylvania
Appeal, No. 56, Jan. T., 1910, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1908, No. 1,308, on case stated in suit of Joseph G. Rosengarten and Harry B. Rosengarten, Executors and Trustees under the Will of George D. Rosengarten, deceased, v. William E. Ashton. Case stated in ejectment.
Read the full summary
Appeal, No. 56, Jan. T., 1910, by defendant, from judgment of C. P. No. 5, Phila. Co., Dec. T., 1908, No. 1,308, on case stated in suit of Joseph G. Rosengarten and Harry B. Rosengarten, Executors and Trustees under the Will of George D. Rosengarten, deceased, v. William E. Ashton. Case stated in ejectment. Before Staake, J. The case stated was as follows': George D. Rosengarten died at Philadelphia on March 18, 1890, having first made and published his last will and testament, dated February 1, 1886, which was duly proved at Philadelphia, and letters testamentary thereon were granted to the…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The testator made no direct or express gift to his grandchildren. He directed that upon the death of the last of his children the trustees who shall have held a moiety of his residuary estate up to that time, for the purposes stated in the second section of the thirteenth clause of his will, shall make distribution of it “equally to and among all my grandchildren and the issue of such as may be dead, such issue to take the share the parent would have taken if living at the time of the death of my last surviv*394ing child.” ■ Whatever interest a grandchild takes 'in the…
2Cases cited6 opinions
- Carstensen's EstateSupreme Court of Pennsylvania · 1900
- Moore v. SmithSupreme Court of Pennsylvania · 1840
- Appeal of ReiffSupreme Court of Pennsylvania · 1889
- Mulliken v. EarnshawSupreme Court of Pennsylvania · 1904
- Safe Deposit & Trust Co. v. WoodSupreme Court of Pennsylvania · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Houston EstateSupreme Court of Pennsylvania · 1964
- Groninger's EstateSupreme Court of Pennsylvania · 1920
- Neel's EstateSupreme Court of Pennsylvania · 1916
- Lilley's EstateSupreme Court of Pennsylvania · 1922
- Packer's EstateSupreme Court of Pennsylvania · 1914
35 more not listed; retrieve them via the Exa API.