Everitt's Estate
Supreme Court of Pennsylvania
Appeal, No. 108, Jan. T., 1900, by Frank E. Depue et al., from decree of O. C. Luzerne Co., dismissing exceptions to adjudication in estate of Isaac Everitt, deceased. Exceptions to adjudication. The facts appear by the opinion of the court below, Darte, P. J., which was as follows: Decedent died testate March 9, 1898, leaving neither widow nor descendants, except one son, George B. Everitt, who died December 26, 1898, intestate, without issue.
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Appeal, No. 108, Jan. T., 1900, by Frank E. Depue et al., from decree of O. C. Luzerne Co., dismissing exceptions to adjudication in estate of Isaac Everitt, deceased. Exceptions to adjudication. The facts appear by the opinion of the court below, Darte, P. J., which was as follows: Decedent died testate March 9, 1898, leaving neither widow nor descendants, except one son, George B. Everitt, who died December 26, 1898, intestate, without issue. Decedent was a son of Isaac Everitt, one of the ten children. His sisters and brothers were as follows: Jane Everitt, Hannah Everitt, Mary Ann…
1Opinion of the Court
Pee Cueiam,
Wo are clearly of opinion that Mary A. LaBaare, the sister of the deceased, was excluded by clause “ D ” of the will from all participation in the residue of the estate, and that clause “ G ” did not restore her to the class called “next of kin,” so as to enable her to take under that description. We are equally clear that the testator only intended his next of kin who *458should be living at the death of his son George to be the residuary-legatees of his estate, and that intent excludes all of the children of nephews and nieces -who were dead before the death of the testator’s son…
2Cited by15 opinions
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