Estate of Mickley
Superior Court of Pennsylvania
Appeal, No. 39, March T., 1897, by Daniel N. Stephey, from the definitive decree of O. C. Franklin Co., affirming exceptions to auditor’s report. Exceptions to auditor’s report. Before Stewart, P. J. It appears from the report of the auditor that the' question arose on the distribution of the estate of Daniel Mickley who died testate on the 29th day of May, A. D. 1895, in relation to the share passing to the children of Elizabeth Stephey, daughter of the decedent.
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Appeal, No. 39, March T., 1897, by Daniel N. Stephey, from the definitive decree of O. C. Franklin Co., affirming exceptions to auditor’s report. Exceptions to auditor’s report. Before Stewart, P. J. It appears from the report of the auditor that the' question arose on the distribution of the estate of Daniel Mickley who died testate on the 29th day of May, A. D. 1895, in relation to the share passing to the children of Elizabeth Stephey, daughter of the decedent. The question being whether the children of Elizabeth Stephey avIio were recited by him as distributees under the will, took their…
1Opinion of the Court
Opinion by
Beaver, J.,
The single question, the kernel of each assignment of error in this case, is the construction of a sentence in the will of Daniel Mickley which is as follows: “To the following named persons I give and bequeath the residue or balance of my estate in such proportion as shall make the shares of each equal, after deducting from each so much as has already been given them (which amount is recorded in my book kept by me for that purpose) as follows: to Mrs. Kate Bell, Mrs. Mary Bell, Mrs. Susan Good, Jacob Summers, son of Sarah Summers, deceased, heirs of Mrs. Elizabeth…
2Cases cited1 opinion
- Appeal of Buehler & FairlambSupreme Court of Pennsylvania · 1882
3Cited by2 opinions
- Estate of RouserSuperior Court of Pennsylvania · 1898
- Elvidge's EstatePennsylvania Orphans' Court, Philadelphia County · 1938