In re Eichelberger's Estate
Supreme Court of Pennsylvania
From the Orphan’s Court of York. May 19. — F. Eichelberger, by his will, gave certain parts of his estate to his children who were then living, and to the widow and children of B., a deceased son, and a legacy to his grandson Abraham, son of GK, a deceased son, more particularly mentioned hereafter. On'the share of B.’s children he charged a sum during the life of one Horn, and at his death “ to be equally divided, share and share alike, as my other estate is divided.”
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From the Orphan’s Court of York. May 19. — F. Eichelberger, by his will, gave certain parts of his estate to his children who were then living, and to the widow and children of B., a deceased son, and a legacy to his grandson Abraham, son of GK, a deceased son, more particularly mentioned hereafter. On'the share of B.’s children he charged a sum during the life of one Horn, and at his death “ to be equally divided, share and share alike, as my other estate is divided.” By a codicil, he created trustees for the widow and children of Daniel, a deceased son, who had been named as a devisee in…
1Opinion of the CourtBell, J.
There is but one question presented by this appeal, springing from the construction to be put upon the will of Frederick Eichelberger, deceased. It is, whether the grandchildren of the testator are entitled to a portion of the sum bequeathed by the will to Abraham Eichelberger, who died without issue, in the following terms:
“ I give and bequeath to my grandson, Abraham Eichelberger, son of George Eichelberger, deceased, the sum of ¿£1500, the sum of which his step-father, Martin Eichelberger, has in his hands ¿6900 already, of which his mother is to have the interest during her natural life,…
2Cases cited4 opinions
- Marsh v. HagueNew York Court of Chancery · 1831
- Dickinson v. LeeSupreme Court of Pennsylvania · 1835
- Pemberton v. ParkeSupreme Court of Pennsylvania · 1813
- Eichelberger v. BarnetzSupreme Court of Pennsylvania · 1828
3Cited by4 opinions
- Beilstein v. BeilsteinSupreme Court of Pennsylvania · 1899
- Estate of HuntPennsylvania Orphans' Court, Lehigh County · 1890
- Long's EstateSuperior Court of Pennsylvania · 1909
- Stoddard's EstatePennsylvania Orphans' Court, Northampton County · 1934