Harris's Estate
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lawrence county: No. 154, to October and November Term 1873. This was a proceeding in the Orphans’ Court for the partition of the real estate of which Samuel Harris died seised, commenced January 9th 1872, by the petition of William J. Smith, guardian of Nancy J. Smith and others, minor children of Eliza A. Smith (formerly Yance), deceased.
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Appeal from the Orphans’ Court of Lawrence county: No. 154, to October and November Term 1873. This was a proceeding in the Orphans’ Court for the partition of the real estate of which Samuel Harris died seised, commenced January 9th 1872, by the petition of William J. Smith, guardian of Nancy J. Smith and others, minor children of Eliza A. Smith (formerly Yance), deceased. The question in the case was the construction of the residuary clause of the will of Samuel Harris, deceased, viz.:— “I give and bequeath unto my brother, William Harris, and sister, Anna Yance’s heirs, the balance of my…
1Opinion of the Court
The opinion of the court was delivered, January 5th 1874, by
Sharswood, J. —
The cases cited in the opinion of the learned court below undoubtedly sustain the position that as a principle of construction wheretó a testator gives to his next of kin in classes, leaving it doubtful in what proportions they are to take, he will be presumed to have had the familiar rule of the Statute of Distributions in his mind, and the several classes will take not per capita but per stirpes. But all artificial rules of this kind must yield to the intention of the testator, whether expressed or implied. A…
2Cited by4 opinions
- Davis's EstateSupreme Court of Pennsylvania · 1935
- Fahey EstateSupreme Court of Pennsylvania · 1948
- Priester's EstateSuperior Court of Pennsylvania · 1903
- Weir's EstatePennsylvania Orphans' Court, Philadelphia County · 1940