Legal Opinion

Priester's Estate

Superior Court of Pennsylvania

Decided October 5, 1903No. Appeal, No. 117PublishedCited by 5 opinions

Appeal, No. 117, April T., 1903, by Mercantile Trust Company, guardian of Ditty Hartman, from. decree of O. C. Clarion Co., May T., 1901, No. 14, overruling exceptions to auditor’s report in estate of Elizabeth Priester, deceased. Exceptions to report of David Lawson, Esq., auditor. From the record it appeared that the testatrix left to survive her eight children and three grandchildren who were the children of a deceased daughter, Caroline Hartman.

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Appeal, No. 117, April T., 1903, by Mercantile Trust Company, guardian of Ditty Hartman, from. decree of O. C. Clarion Co., May T., 1901, No. 14, overruling exceptions to auditor’s report in estate of Elizabeth Priester, deceased. Exceptions to report of David Lawson, Esq., auditor. From the record it appeared that the testatrix left to survive her eight children and three grandchildren who were the children of a deceased daughter, Caroline Hartman. The material portion of the will of testatrix is quoted in the opinion of the Superior Court. The auditor construed the will as meaning that the…

1Opinion of the Court

Opinion by

Henderson, J.,

The material part of the will in question is in the words following.

“i give and bequeath To Ditty Hartman Lotta Hartman Charlie Hartman Heirs of Caroline Priester intermarried to charlie hartman and Lewis Priester and charlie Priester and Mary Priester Jacob Priester and Katy Priester Hannah Priester Elizabeth Priester Henry Priester i bequeath all Personal *388Property and Moneys and Real estate to be equally divided share and share like except My grand child William Priester $300. i give to him.

her

“ Elizabeth x Priester. [Seal] ”

mark

The question raised by the appeal is,…

2Cases cited3 opinions

  1. Minter's AppealSupreme Court of Pennsylvania · 1861
  2. Gest v. WaySupreme Court of Pennsylvania · 1837
  3. Harris's EstateSupreme Court of Pennsylvania · 1874

3Cited by5 opinions

  1. Brundage's EstateSuperior Court of Pennsylvania · 1908
  2. Sipe's EstateSuperior Court of Pennsylvania · 1906
  3. McMullen v. BlockCourt of Appeals of Texas · 1943
  4. Miller's EstateSuperior Court of Pennsylvania · 1904
  5. Davis' EstatePennsylvania Orphans' Court, Philadelphia County · 1934

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