Legal Opinion

Lifter Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided May 22, 1953No. 2; no. 2153 of 1948Published

1Opinion of the Court

Saylor, J.,

In an extended discussion of the facts, the words of the will and the applicable law, the opinion of Bolger, J., upholds the contention of the federation. He found that the time phase is not a fundamental provision of the gift but merely a direction as to administration of the res. He con-eluded that the phrase “within five years of my death” is ambiguous and by decree changed the wording of the provision in parentheses above quoted by supplying the word “wife’s”. Thereby the phrase is made to read (“beginning such erection within a period of not more than five years from the date…

2Cases cited9 opinions

  1. March EstateSupreme Court of Pennsylvania · 1947
  2. Thompson's EstateSupreme Court of Pennsylvania · 1931
  3. Gunning's EstateSupreme Court of Pennsylvania · 1912
  4. Wanamaker's EstateSupreme Court of Pennsylvania · 1933
  5. Whitman's EstateSupreme Court of Pennsylvania · 1937

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