Fitzwater's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Montgomery county: Of January Term 1878, No. 806. Appeal of Frank Fitzwater from the decree of the court making distribution in the estate of Jacob Fitzwater, deceased: Jacob Fitzwater died in April 1876, leaving a will, which contained the following provisions: “ All the rest, residue and remainder of my estate which may remain at the death of my said wife', after the payment of the before mentioned legacies, I give and bequeath as follows,…
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Appeal from the Orphans’ Court of Montgomery county: Of January Term 1878, No. 806. Appeal of Frank Fitzwater from the decree of the court making distribution in the estate of Jacob Fitzwater, deceased: Jacob Fitzwater died in April 1876, leaving a will, which contained the following provisions: “ All the rest, residue and remainder of my estate which may remain at the death of my said wife', after the payment of the before mentioned legacies, I give and bequeath as follows, to wit: “ The one-fifth part thereof I give and bequeath to my nephew, George W. Fitzwater. “ One other fifth part…
1Opinion of the CourtJustice Trunkey
Jacob Fitzwater bequeathed one-fifth of the residue of his estate to his niece, and a like portion to each of his four nephews, except Jacob whose share is reduced $1000 with direction that said sum be paid to Frank. He directed that the shares of John, Charles and Jacob, shall remain in the hands of his executors in trust; that they pay to them the income and interest during their lives, and at the death of either to pay the share of such deceased unto his children should he leave any surviving, but if no child survives then to pay said share to his surviving brothers and sister, and to the…
2Cited by7 opinions
- Morrison v. Truby, Pennsylvania Court of Common Pleas, Armstrong County1891
- Stevenson v. FoxSupreme Court of Pennsylvania · 1889
- Long's EstateSuperior Court of Pennsylvania · 1909
- Buckman's EstatePennsylvania Orphans' Court, Philadelphia County · 1930
- Daniels's EstateSuperior Court of Pennsylvania · 1905
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