Daniels's Estate
Superior Court of Pennsylvania
Appeal, No. 36, Oct. T., 1904, by Mary B. Daniels, from decree of O. O. Franklin Co., discharging rule for citation in Estate of Henry Daniels, deceased. Rule on executor to compel him to pay over moneys to petitioner without requiring her to enter security. The court, in an opinion by Sterrett, P. J., discharged the rule. Error assigned was the decree of the court.
1Opinion of the Court
Opinion by
Portee, J.,
The determination of the question involved in this case is entirely dependent upon whether the appellant took an absolute or a defeasible estate in the personal property which passed under the will of the decedent. The testator, after providing for the payment of certain specific legacies and the expenses in connection with the erection of certain buildings and of his debts out of the personal property, used the following language in disposing of the residue: “ The remainder of whatsoever kind, real, personal or mixed, not herein disposed of, I give and bequeath to my…
2Cases cited11 opinions
- Sheets' EstateSupreme Court of Pennsylvania · 1866
- Mickley's AppealSupreme Court of Pennsylvania · 1880
- In re Estate of JacksonSupreme Court of Pennsylvania · 1897
- Mitchell v. Pittsburg, Fort Wayne & Chicago Ry.Supreme Court of Pennsylvania · 1895
- King v. FrickSupreme Court of Pennsylvania · 1890
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