Todd'S Estate
Superior Court of Pennsylvania
Appeal, No. 213, Oct. T., 1906, by Preston Ayres, from decree of O. C. Chester Co., No. 6,825, dismissing exceptions to auditor’s report in Estate of Roland Todd, deceased. Exceptions to report of J. Frank Hause, Est., auditor.
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Appeal, No. 213, Oct. T., 1906, by Preston Ayres, from decree of O. C. Chester Co., No. 6,825, dismissing exceptions to auditor’s report in Estate of Roland Todd, deceased. Exceptions to report of J. Frank Hause, Est., auditor. The material portion of the will of Roland Todd was as follows: “ 3. I give and devise to my nephew Roland Todd, son of my brother John Todd, (deceased), for and during his natural life, my farm of eighty acres in Lincoln township, Wright county, Iowa, viz.: N. N. E. J section ten (10) T. 91, N. R. 24, west of 5th P. M. At the death of said Roland Todd said-landto…
1Opinion of the Court
Opinion by
Hendekson, J.,
The rule is general that a bequest to a number of persons not named but answering a general description is a gift to them as a class: Gross’ Estate, 10 Pa. 360; Hunt’s Estate, 133 Pa. 260; and the principle of interpretation in such a case is that only those members of the class participate in the estate who are living when the gift vests: Pemberton v. Parke, 5 Binney, 601; Gross’ Estate, 10 Pa. 360. The question for our consideration is whether there is anything in the language of the will which exempts this case from the operation of the rule. The gift is to be “…
2Cases cited8 opinions
- Ashburner's EstateSupreme Court of Pennsylvania · 1894
- Hallowell v. PhippsSupreme Court of Pennsylvania · 1837
- Bradley's EstateSupreme Court of Pennsylvania · 1895
- Denlinger's EstateSupreme Court of Pennsylvania · 1895
- Estate of HuntPennsylvania Orphans' Court, Lehigh County · 1890
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Tyson's EstateSuperior Court of Pennsylvania · 1911
- Haupt's EstatePennsylvania Orphans' Court, Northampton County · 1946
- Learn's EstatePennsylvania Orphans' Court, Indiana County · 1921
- Pickering EstatePennsylvania Orphans' Court, Bucks County · 1958
- Stoddard's EstatePennsylvania Orphans' Court, Northampton County · 1934