Legal Opinion

Fausten's Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided October 31, 1947Published

1Opinion of the Court

Bolger, J.,

The comprehensive opinion of Chief Justice Maxey in Lippincott Estate, 349 Pa. 538, relied upon by the auditing judge, is adequate authority to sustain the adjudication. As stated in the first cited decision (p. 545) : “The tendency for over a century was to give to the word ‘issue’ its commonly accepted meaning, to wit, a description of the persons next to take from the testator and not a line of inheritance”. The key decisions of English’s Estate, 270 Pa. 1, and Mayhew’s Estate, 307 Pa. 84, both of which are cited in Lippincott’s Estate, put the burden upon the person who claims…

2Cases cited7 opinions

  1. Mayhew's EstateSupreme Court of Pennsylvania · 1931
  2. Simpson's EstateSupreme Court of Pennsylvania · 1931
  3. Golden's EstateSupreme Court of Pennsylvania · 1935
  4. English's EstateSupreme Court of Pennsylvania · 1921
  5. Whitman's EstateSupreme Court of Pennsylvania · 1937

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