Vance's Estate
Supreme Court of Pennsylvania
Appeal, No. 200, Jan. T., 1908, by Jane E. Robinson, from decree of O. C. Phila. Co., Jan. T., 1888, No. 120, sustaining exceptions to adjudication in estate of Louisa R. Vance, deceased. Exceptions to adjudication.
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Appeal, No. 200, Jan. T., 1908, by Jane E. Robinson, from decree of O. C. Phila. Co., Jan. T., 1888, No. 120, sustaining exceptions to adjudication in estate of Louisa R. Vance, deceased. Exceptions to adjudication. At the audit before Hanna, P. J., it appeared that Jane Vance died in May, 1863, leaving a will by which she directed, inter alia, as follows: “ All the rest, residue arid remainder of my estate, both real and personal, including the proceeds of real estate if any be sold, I give and bequeath to my executors hereinafter named, the principal thereof to be held by them in trust to…
1Opinion of the Court
Per Curiam,
The opinion of the learned judge of the orphans’ court who passed on and sustained the exceptions to the adjudication of the auditing judge correctly announces the law by which this will must be interpreted. “ A will must be construed so as to avoid a partial intestacy unless the contrary is unavoidable: ” Appeal of Boards of Missions, 91 Pa. 507. If the interpretation placed upon this will by the learned auditing judge should prevail, then should Jane E. Robinson die without issue, the fund for distribution would not be subject to distribution by the will, but would go to the next…
2Cases cited2 opinions
- Chandler v. WoelpperSupreme Court of Pennsylvania · 1889
- Appeal of the Boards of Missions of the United Presbyterian ChurchSupreme Court of Pennsylvania · 1880
3Cited by14 opinions
- Fidelity Union Trust Co. v. RobertSupreme Court of New Jersey · 1962
- Vandergrift EstateSupreme Court of Pennsylvania · 1962
- Fox's EstateSupreme Court of Pennsylvania · 1908
- Galli's EstateSupreme Court of Pennsylvania · 1941
- Pyne v. PyneCourt of Appeals for the D.C. Circuit · 1946
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