Smith's Estate
Supreme Court of Pennsylvania
Appeal, No. 18, Oct. T., 1909, by-Edward A. Smith and Henrietta C. Smith, his wife, from decree of O. C. Allegheny Co., May T., 1908, No. 152, dismissing exceptions to adjudication in Estate of Edward A. Smith. Exceptions to adjudication. The material portion of the testator’s will was as follows; “Fourth.
Read the full summary
Appeal, No. 18, Oct. T., 1909, by-Edward A. Smith and Henrietta C. Smith, his wife, from decree of O. C. Allegheny Co., May T., 1908, No. 152, dismissing exceptions to adjudication in Estate of Edward A. Smith. Exceptions to adjudication. The material portion of the testator’s will was as follows; “Fourth. I give and bequeath to Hugh D. Smith, my son, and David M. Smith, my brother, and the survivor of them a like one-sixteenth (1-16) interest in the firm of Smith Brothers and Company, its real estate, assets, business and working capital, and a one-sixth interest in my residuary estate as…
1Opinion of the Court
Opinion by
Mr. Justice Potter,
The question in controversy in this case, is whether the gifts of accumulated income made by the will of Andrew D. Smith to the children of Edward A. Smith, were vested in the children living at the death of testator, or were contingent upon their severally attaining the age of twenty-one years. As Chief Justice Tilghman said in Patterson v. Hawthorne, 12 S. & R. 112: “The rule is that where a legacy is given to a person to be paid at a future time, it vests immediately. But when it is not given until a certain future time, it does not vest until that time; and if…
2Cases cited3 opinions
- Moore v. SmithSupreme Court of Pennsylvania · 1840
- Letchworth's AppealSupreme Court of Pennsylvania · 1858
- Reed v. BuckleySupreme Court of Pennsylvania · 1843
3Cited by12 opinions
- Wallace's EstateSupreme Court of Pennsylvania · 1930
- Scott's EstateSupreme Court of Pennsylvania · 1930
- Sternbergh's EstateSupreme Court of Pennsylvania · 1915
- McKinstry's EstateSupreme Court of Pennsylvania · 1929
- McDowell National Bank v. ApplegateSupreme Court of Pennsylvania · 1978
7 more not listed; retrieve them via the Exa API.