Legal Opinion

Wood's Estate

Supreme Court of Pennsylvania

Decided April 11, 1904No. Appeal, No. 69PublishedCited by 22 opinions

Appeal, No. 69, Jan. T., 1904, by Sarah Wood et al., from decree of O. C. Phila. Co., Oct.'T., 1903, No. 129, sustaining exceptions to adjudication in estate of Ebenezer Wood. Exceptions to adjudication. From the record it .appeared that Ebenezer Wood died on September 14, 1902, leaving a will by which he made certain bequests to charities. The will was not witnessed,- and these bequests lapsed.

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Appeal, No. 69, Jan. T., 1904, by Sarah Wood et al., from decree of O. C. Phila. Co., Oct.'T., 1903, No. 129, sustaining exceptions to adjudication in estate of Ebenezer Wood. Exceptions to adjudication. From the record it .appeared that Ebenezer Wood died on September 14, 1902, leaving a will by which he made certain bequests to charities. The will was not witnessed,- and these bequests lapsed. The residuary clause of the will was as follows : “ Everything not otherwise specified that I may own at time of my decease I desire shall be sold as soon as possible and proceeds divided as herein…

1Opinion of the Court

Per Curiam,

The learned judge of the court below in speaking of the interpretation to be put upon a general residuary clause in a will says:

“ The foundation of this general rule in respect of lapsed *19legacies it is said in 2 Williams on Executors, 1569, is that the residuary clause is understood to be intended to embrace everything not otherwise effectually given; because the testator is supposed to “ take the particular legacy away from the residuary legatee, only for the sake of the particular legatee; so that upon failure of the particular intent-the court gives effect to the general intent.”

2Cited by22 opinions

  1. Beidler v. DehnerSupreme Court of Iowa · 1917
  2. Carson's EstateSuperior Court of Pennsylvania · 1937
  3. Armstrong EstateSupreme Court of Pennsylvania · 1943
  4. Karolusson v. PaonessaSupreme Court of Iowa · 1928
  5. Yeisley EstateSupreme Court of Pennsylvania · 1947

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