Legal Opinion

Miller's Appeal

Supreme Court of Pennsylvania

Decided October 4, 1886PublishedCited by 14 opinions

Appeal from the Orphans’ Court of Somerset county: Of January Term 1886, No. 277. Appeal from the decree of said Court recommitting the report of the Auditor and confirming the amended Auditor’s report made on the basis of the decree recommitting it, wherein Mary C. Miller, Phoebe Jane Pile, Tíllie S. Lint, Annie E. Coleman and Maggie V. Coleman, are appellants, and James L. Pugh, guardian of Mabel M. Coleman, appellee.

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Appeal from the Orphans’ Court of Somerset county: Of January Term 1886, No. 277. Appeal from the decree of said Court recommitting the report of the Auditor and confirming the amended Auditor’s report made on the basis of the decree recommitting it, wherein Mary C. Miller, Phoebe Jane Pile, Tíllie S. Lint, Annie E. Coleman and Maggie V. Coleman, are appellants, and James L. Pugh, guardian of Mabel M. Coleman, appellee. Philip Coleman died on the 1st day of March, 1883, testate; Maying to survive him a widow, Elizabeth Coleman, and five children, viz: — Mary C., intermarried with Noah S.…

1Opinion of the CourtChief Justice Merouk

This contention .is whether Philip Coleman’s will disposed of - his whole estate ? In the introductory part thereof he clearly expresses his intention to dispose of the whole. He says, “And as to my worldly estate, and all the propertjn real, personal and mixed, of which I shall die seised and possessed, or to which I shall be entitled at the time of my death, I devise, bequeath and dispose thereof, in the following manner, to wit.” Language more explicit and comprehensive, evincing an intention to dispose of all his property could not be used. It is true, notwithstanding all this the…

2Cases cited1 opinion

  1. Mansfield & Sandusky City Rail Road v. John P. Veeder & Co.Ohio Supreme Court · 1848

3Cited by14 opinions

  1. Carmany EstateSupreme Court of Pennsylvania · 1947
  2. Grier EstateSupreme Court of Pennsylvania · 1961
  3. Gallagher v. McKeagueWisconsin Supreme Court · 1905
  4. Girt EstateSupreme Court of Pennsylvania · 1973
  5. Hollinshead's EstateSupreme Court of Pennsylvania · 1922

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