Rogers' Estate
Superior Court of Pennsylvania
Appeal, No. 179, Oct. T., 1905, by Sarah Jane Pierce, from decree of O. C. Chester Co., sustaining exceptions to auditor’s report in Estate of Sarah Jane Rogers, deceased. Exceptions to report of Charles H. Pennypacker, Esq., auditor.
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Appeal, No. 179, Oct. T., 1905, by Sarah Jane Pierce, from decree of O. C. Chester Co., sustaining exceptions to auditor’s report in Estate of Sarah Jane Rogers, deceased. Exceptions to report of Charles H. Pennypacker, Esq., auditor. Butler, J., hied the following opinion: Sarah Jane Rogers by will gave to her husband, Evans Rogers,' the residuary portion of her estate, for life, with power of appointment; directing specifically its disposition in case he should fail to execute the power. Henry Marshall, a cousin of Mrs. Rogers on her father’s side, who is given a smaller legacy under Mr.…
1Opinion of the Court
Opinion by
Porter, J.,
The question depends mainly on the will of Sarah Jane Rdgers. Her intention, and not the intention of Evans Rogers, must furnish the governing rule. The clause of the will of the testatrix which is material to this issue is as follows: “All the rest and residue of my property, real, personal and mixed, I give and bequeath to my beloved husband,' for his use and benefit during his life, .... and I do authorize and empower him to dispose of the same by his will as follows: four thousand dollars to my mother’s family and the balance to my father’s family in such manner as he…
2Cases cited7 opinions
- Estate of LawrencePennsylvania Orphans' Court, Philadelphia County · 1890
- Bingham's AppealSupreme Court of Pennsylvania · 1870
- Appeal of PepperSupreme Court of Pennsylvania · 1888
- Horwitz v. NorrisSupreme Court of Pennsylvania · 1865
- Wickersham v. SavageSupreme Court of Pennsylvania · 1868
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3Cited by7 opinions
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- Freeman's EstateSuperior Court of Pennsylvania · 1909
- Cross v. CrossMissouri Court of Appeals · 1977
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- Jones v. Fidelity-Philadelphia Trust Co.Superior Court of Pennsylvania · 1938
2 more not listed; retrieve them via the Exa API.