Gross's Estate
Supreme Court of Pennsylvania
From the Orphans’ Court of Lancaster. The question in this case turned on the following clause of the will of John Gross:— “ The rest, residue, and remainder of my estate, not herein particularly given, devised, and bequeathed, I do give, devise, and bequeath, first, to my sister Anna Maria, $200 as her share; and the residue which may be left, I give, devise, and bequeath unto the children of my brothers (except George and Martin Gross) and sisters, and the children of the…
Read the full summary
From the Orphans’ Court of Lancaster. The question in this case turned on the following clause of the will of John Gross:— “ The rest, residue, and remainder of my estate, not herein particularly given, devised, and bequeathed, I do give, devise, and bequeath, first, to my sister Anna Maria, $200 as her share; and the residue which may be left, I give, devise, and bequeath unto the children of my brothers (except George and Martin Gross) and sisters, and the children of the brothers and sisters of my first wife, formerly Elizabeth Ilich, deceased, share and share alike, to them severally and…
1Opinion of the CourtRogers, J.
(after stating the case.) — It is very clear from the terms of the will, that the objects of the testator’s bounty were the children of his and his wife’s brothers and sisters; and, inasmuch as the bequest is to them as a class, those only who are in being at the time of the testator’s death can take. The leading principle, in relation to such a devise, is, that where a bequest is to children in a class, children in existence at the death of the testator are alone entitled, among which posthumous children are to be considered. And it will make no difference, that the bequest is to children…
2Cases cited1 opinion
- Pemberton v. ParkeSupreme Court of Pennsylvania · 1813
3Cited by11 opinions
- Denlinger's EstateSupreme Court of Pennsylvania · 1895
- In re the Estate of HuttonWashington Supreme Court · 1919
- Harrison's EstateSuperior Court of Pennsylvania · 1902
- Todd'S EstateSuperior Court of Pennsylvania · 1907
- Estate of MosesSuperior Court of Pennsylvania · 1896
6 more not listed; retrieve them via the Exa API.