Legal Opinion

Hershey's Estate

Superior Court of Pennsylvania

Decided December 13, 1902No. Appeal, No. 98PublishedCited by 2 opinions

Appeal, No. 98, Oct. T., 1902, by J. Haldeman Herr, from decree of O. C. Lancaster Co., dismissing exceptions to auditor’s report in estate of Elizabeth B. Hershey, deceased. Exception to report of John A. Coyle, Esq., auditor. The material portions of the will of decedent, other than that quoted in the opinion of the Superior Court, are as follows : “ Item First.

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Appeal, No. 98, Oct. T., 1902, by J. Haldeman Herr, from decree of O. C. Lancaster Co., dismissing exceptions to auditor’s report in estate of Elizabeth B. Hershey, deceased. Exception to report of John A. Coyle, Esq., auditor. The material portions of the will of decedent, other than that quoted in the opinion of the Superior Court, are as follows : “ Item First. I give and bequeath to my beloved husband, Ephraim Hershey, all my personal estate, such as bonds and mortgages, borough bonds, bank and turnpike stocks, etc. My wearing apparel and furniture I give and bequeath to my dear sister,…

1Opinion of the Court

Opinion by

William W. Porter, J.,

This appeal requires us to pass upon the interpretation put upon certain provisions of the will of Elizabeth B. Hershey, by the orphans’ court. We have before us an elaborate report by an auditor and a comprehensive opinion from the court below in confirmation thereof. These leave little to be said.

By the first clause of the will the whole personal estate was *653given to the decedent’s husband to the exclusion of the three pecuniary legacies given by the second and third clauses of the ■will to two stepgrandsons and to the Episcopal Church of Columbia. See…

2Cases cited2 opinions

  1. Clery's AppealSupreme Court of Pennsylvania · 1860
  2. Hershey's EstateSupreme Court of Pennsylvania · 1901

3Cited by2 opinions

  1. Lagomarsino's EstatePennsylvania Orphans' Court, Philadelphia County · 1923
  2. Rutt's EstateSuperior Court of Pennsylvania · 1908

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