Legal Opinion

Fox's Estate

Supreme Court of Pennsylvania

Decided June 23, 1908No. Appeals, Nos. 7 and 8PublishedCited by 31 opinions

Appeals, Nos. 7 and 8, Jan. T., 1908, by Columbus "W". Gabell, Jr., substituted trustee for Hannah L. Lindsey under the will of Charles Fox, deceased, and Catharine H. Chestnut, from decree of O. C. Phila. Co., April T., 1888, No. 107, dismissing exceptions to adjudication in Estate of Charles Fox, deceased. Exceptions to adjudication.

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Appeals, Nos. 7 and 8, Jan. T., 1908, by Columbus "W". Gabell, Jr., substituted trustee for Hannah L. Lindsey under the will of Charles Fox, deceased, and Catharine H. Chestnut, from decree of O. C. Phila. Co., April T., 1888, No. 107, dismissing exceptions to adjudication in Estate of Charles Fox, deceased. Exceptions to adjudication. From the record it appeared that Charles Fox, by his will probated May 28, 1853, directed as follows : “ Item.- — I give, devise and bequeath all the rest, residue and remainder of my estate, real, personal and mixed whatsoever and wheresoever and of which I…

1Opinion of the Court

Opinion by

Mr. Chief Justice Mitchell,

The general intent apparent throughout the scheme of the will was to make equality among his daughters during their lives with remainder to the children of those leaving issue. In pursuance of this intent the estate was to be held as a unit until the oldest daughter should come of age and then severed as to her, and so on to each daughter in turn until the youngest reached full age when there would be four separate trusts, one for each daughter in severalty. If one of the daughters had died without issue before any severance there can be no doubt that the…

2Cases cited3 opinions

  1. Vance's EstateSupreme Court of Pennsylvania · 1904
  2. Lapsley v. LapsleySupreme Court of Pennsylvania · 1848
  3. Lewis' AppealSupreme Court of Pennsylvania · 1852

3Cited by31 opinions

  1. Fidelity Union Trust Co. v. RobertSupreme Court of New Jersey · 1962
  2. Vandergrift EstateSupreme Court of Pennsylvania · 1962
  3. Alburger's EstateSupreme Court of Pennsylvania · 1922
  4. Galli's EstateSupreme Court of Pennsylvania · 1941
  5. Nass's EstateSupreme Court of Pennsylvania · 1935

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