Legal Opinion

Alburger's Estate

Supreme Court of Pennsylvania

Decided March 20, 1922No. 2; Appeals, Nos. 188 and 237PublishedCited by 33 opinions

Appeals, Nos. 188 and 237, Jan. T., 1922, by John Metzger, assignee of deceased heir, from decree of O. C. Phila. Co., Jan. T., 1900, No. 250, dismissing exceptions to adjudication, in estate of Philip H. Alburger, deceased. Affirmed. Exceptions to adjudication of Gest, J. The opinion of the Supreme Court states the facts. Exceptions dismissed in opinion by Lamorelle, P. J. See 30 Pa. Dist. R. 301. John Metzger, assignee of deceased heir, appealed.

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Appeals, Nos. 188 and 237, Jan. T., 1922, by John Metzger, assignee of deceased heir, from decree of O. C. Phila. Co., Jan. T., 1900, No. 250, dismissing exceptions to adjudication, in estate of Philip H. Alburger, deceased. Affirmed. Exceptions to adjudication of Gest, J. The opinion of the Supreme Court states the facts. Exceptions dismissed in opinion by Lamorelle, P. J. See 30 Pa. Dist. R. 301. John Metzger, assignee of deceased heir, appealed. Error assigned was, inter alia, decree, quoting it.

1Opinion of the Court

Opinion by

Mr. Justice Kephart,

The question presented by these appeals is one that has been before the court many times. The clause disposing of testator’s residuary estate reads, “shall pay over the net income......to my wife......for......her natural life, and, upon......decease of my......wife, to divide *18the principal of my said residuary estate to and among my surviving brothers and sisters and the issue of such of my brothers and sisters as may be deceased, such issue to take only the share which their deceased parent would have taken if living.”

It is appellant’s contention this estate…

2Cases cited13 opinions

  1. Groninger's EstateSupreme Court of Pennsylvania · 1920
  2. Chandler v. WoelpperSupreme Court of Pennsylvania · 1889
  3. Moore v. SmithSupreme Court of Pennsylvania · 1840
  4. McClure's AppealSupreme Court of Pennsylvania · 1873
  5. Appeal of ReiffSupreme Court of Pennsylvania · 1889

8 more not listed; retrieve them via the Exa API.

3Cited by33 opinions

  1. Rickenbach EstateSupreme Court of Pennsylvania · 1943
  2. Hood's EstateSupreme Court of Pennsylvania · 1936
  3. Laughlin's EstateSupreme Court of Pennsylvania · 1939
  4. Bald EstateSupreme Court of Pennsylvania · 1956
  5. Scott's EstateSupreme Court of Pennsylvania · 1930

28 more not listed; retrieve them via the Exa API.

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