Steinmetz's Estate
Supreme Court of Pennsylvania
Appeal No. 145, July T., 1894, by Martha S. Duffield, from decree of O. C. Phila. Co., April T., 1891, No. 185, dimissing exceptions to adjudication. Exceptions to adjudication.
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Appeal No. 145, July T., 1894, by Martha S. Duffield, from decree of O. C. Phila. Co., April T., 1891, No. 185, dimissing exceptions to adjudication. Exceptions to adjudication. Prom the record it appeared that Daniel Steinmetz died on Jan. 10, 1891. By his will he directed inter alia as follows : “ Third. — It is my will that my real estate remain as at present undivided and unapportioned, the rents to be collected, the repairs to be made and the interest on encumbrances paid, and when the principal of any debt due by my estate becomes due it shall be paid as though I myself acted in the…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Although the testator’s direction that his daughter’s portion *174of bis estate should be held on a separate use trust, might seem on his literal wording of it, to depend on a contingency, yet his plain intent to the contrary appears from a view of his whole will together. He directs his real estate to be held “ as at present, undivided, and unapportioned ” during the life of his widow, and the interest of each child during that time is only in a share of the “ net residue ” of the income, after payment of taxes, necessary repairs, etc. This arrangement, “as the…
2Cited by5 opinions
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- Henninger EstatePennsylvania Orphans' Court, Lehigh County · 1951
- Steinmetz's EstateSuperior Court of Pennsylvania · 1939