Legal Opinion

Gyger's Estate

Supreme Court of Pennsylvania

Decided May 3, 1870No. 94PublishedCited by 21 opinions

Appeal from the decree of the Register’s Court of Lancaster county: No. 94, to May Term 1870. In the grant of administration of the estate of John Gyger, deceased.

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Appeal from the decree of the Register’s Court of Lancaster county: No. 94, to May Term 1870. In the grant of administration of the estate of John Gyger, deceased. The case came before the Register’s Court (H. S. Shenck, Register, and Long, P. J., and Hayes, J., of the Court of Common Pleas) upon several caveats against the grant of administration of the estate of John Gyger, who died intestate April 10th 1870. He left to survive him, a daughter Elizabeth G. Eshleman, the wife of Benjamin Eshleman, and Abijah D. Gyger, the only child of a deceased son, John Gyger. The Register’s Court (Hayes,…

1Opinion of the Court

The opinion of the court was delivered, May 12th 1870, by

Sharswood, J.

It is better always to adhere to a plain common-sense interpretation of the words of a statute, than to apply to them refined and technical rules of grammatical construction. An ordinary reader of the twenty-second section of the Act of March 15th 1832, Pamph. L. 140, would not fail to conclude that the preference therein directed to be always given to those of the next of kin entitled to the residue of the personal estate or to a share or shares therein after payment of debts, “ who are in the nearest degree of…

2Cases cited1 opinion

  1. Ellmaker's EstateSupreme Court of Pennsylvania · 1835

3Cited by21 opinions

  1. Friese's EstateSupreme Court of Pennsylvania · 1934
  2. Schulz EstateSupreme Court of Pennsylvania · 1958
  3. Commonwealth v. BienkowskiSuperior Court of Pennsylvania · 1939
  4. Irwin v. HoffmanSupreme Court of Pennsylvania · 1935
  5. Wilson v. WilsonSuperior Court of Pennsylvania · 1936

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