Porter's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lancaster county: Of May Term 1880, No. 179. Appeal of Mary O. Porter, from the decree of the court, dismissing the exceptions to, and confirming the report of the auditor, in the distribution of the estate of Henry Eberle, deceased.
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Appeal from the Orphans’ Court of Lancaster county: Of May Term 1880, No. 179. Appeal of Mary O. Porter, from the decree of the court, dismissing the exceptions to, and confirming the report of the auditor, in the distribution of the estate of Henry Eberle, deceased. Henry Eberle died in February 1876, leaving five children, and a will dated October 15th 1875, which contained the following clause: “ The note of $4000 dated August 6th 1861, bearing interest at the rate of five per cent, per annum, which I hold against my daughter Mary; and the one of $3000, bearing date the same day, at same…
1Opinion of the CourtJustice Trunkey
The intention of the testator is the prevailing consideration in applying all rules of construction. It is the intention of the testator expressed in the will that is to govern ;^and this is to be judged of exclusively by the words of the instrument, as applied to the subject-matter and surrounding circumstances. Parol evidence to show what were the actual testamentary intentions, such as his declarations of what he had done or meant to do, is inadmissible ; but it is competent to determine which of several persons or things was intended under an equivocal description. In construing the…
2Cases cited2 opinions
- Green v. HowellSupreme Court of Pennsylvania · 1843
- Fickes v. WiremanSupreme Court of Pennsylvania · 1834
3Cited by9 opinions
- Bowen's EstateSuperior Court of Pennsylvania · 1939
- Estate of FarnumSupreme Court of Pennsylvania · 1896
- Knight's EstateSupreme Court of Pennsylvania · 1916
- Stahl's EstateSuperior Court of Pennsylvania · 1904
- Barr's PetitionSupreme Court of Pennsylvania · 1912
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