Livezey's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of January Term, 1884, No. 122. This was an appeal by Joseph R. Livezey from a decree of said court, dismissing his exceptions to the adjudication of the auditing judge, in the matter of the account of Israel H. Johnson et al., trustees under the will of John Livezey, deceased, and distributing the residuary estate of said testator.
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Appeal from the Orphans’ Court of Philadelphia county: Of January Term, 1884, No. 122. This was an appeal by Joseph R. Livezey from a decree of said court, dismissing his exceptions to the adjudication of the auditing judge, in the matter of the account of Israel H. Johnson et al., trustees under the will of John Livezey, deceased, and distributing the residuary estate of said testator. The facts were as follows: — John Livezey died January 13, 1878, having made liis will, dated December 1, 1868, and six codicils, dated between 1870 and 1877. By bis will he directed his executors to pay to…
1Opinion of the CourtJustice Green
We think there is satisfactory evidence on the face of the will and codicil in this case, that the testator did not intend the appellant to have an absolute interest in the residue of his estate. The residuary clause of the will did give to all the *204nephews and nieces named therein, an absolute and indefeasi ble interest in the whole residuary estate. As to the appellant and his two sisters this was radically changed by the residuary clause' of the third codicil. It must be supposed there was a testamentary purpose in the change. Had none been intended, there was no occasion for the codicil,…
2Cited by5 opinions
- Smith v. PiperSupreme Court of Pennsylvania · 1911
- Deniston v. DenistonSupreme Court of Pennsylvania · 1919
- Whiteley's EstateSupreme Court of Pennsylvania · 1922
- Wolfinger v. FellSupreme Court of Pennsylvania · 1900
- Wurts v. Reily, Pennsylvania Court of Common Pleas, Dauphin County1929