Estate of Bryson
Superior Court of Pennsylvania
Appeal, No. 176, April T., 1898, by the Missionary Society of the Methodist Episcopal Church, from decree of O. C. Beaver Co., Dec. T., 1897, No. 5, in dis tribution. Exceptions to auditor’s report. Before Wilson, P. J. The facts sufficiently appear in the opinion of the court. Under will of decedent a legacy of 11,000 was claimed by the Methodist Episcopal Church at Beaver Falls and by the missionary society of the Methodist Episcopal Church.
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Appeal, No. 176, April T., 1898, by the Missionary Society of the Methodist Episcopal Church, from decree of O. C. Beaver Co., Dec. T., 1897, No. 5, in dis tribution. Exceptions to auditor’s report. Before Wilson, P. J. The facts sufficiently appear in the opinion of the court. Under will of decedent a legacy of 11,000 was claimed by the Methodist Episcopal Church at Beaver Falls and by the missionary society of the Methodist Episcopal Church. The court below held that there was a latent ambiguity and that the legacy lapsed. The missionary society of the Methodist Episcopal Church appealed.…
1Opinion of the Court
Opinion by
Beaver, J.,
The testatrix, a member of the Methodist Episcopal Church in Beaver Falls, Pa., bequeathed $1,000 to the “ Foreign Missionary Society of the Methodist Episcopal Church.” It appears, from the evidence, that there is no society in this church bearing this precise name. The assignment of error relates to the conclusion of law reached by the court below which is as follows: “As there is no society known as the Foreign Missionary Society of the Methodist Episcopal Church, there is latent ambiguity in the bequest of testatrix to such society and the legacy must, therefore,…
2Cases cited2 opinions
- Domestic & Foreign Missionary Society's AppealSupreme Court of Pennsylvania · 1858
- Appeal of Washington & Lee UniversitySupreme Court of Pennsylvania · 1886