Osburn's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1883, No. 228. This was an appeal by Eranklin Osbnrn - and D. N. White, executors of the last will of Griswold E. Warner, deceased, from a decree of the said court in the matter of a petition by Harry G. McCartney, restraining them from making a pelea pita distribution of the residuary estate of decedent and adjudging that under said will the residuary estate should bo distributed per stirpes.
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Appeal from the Orphans’ Court of Allegheny county: Of October and November Term 1883, No. 228. This was an appeal by Eranklin Osbnrn - and D. N. White, executors of the last will of Griswold E. Warner, deceased, from a decree of the said court in the matter of a petition by Harry G. McCartney, restraining them from making a pelea pita distribution of the residuary estate of decedent and adjudging that under said will the residuary estate should bo distributed per stirpes. Said petition set forth that the executors contemplated a distribution per capita and prayed that they might be…
1Opinion of the CourtChief Justice Mercur
This contention arises as to the manner in which the residuary estate of Griswold E. Warner, deceased, shall be distributed. That is, whether it shall be'made among those entitled to share therein, according to the per capita or the per stirpes rule.
At the time of the death of the testator he left one daughter, Mrs. Henrietta Osburn, who then had seven children (she has given birth to one since), and Harry G. McCartney, the son of a deceased daughter. All the grandchildren were under the age of twenty-one years.. The residuary estate is disposed of under the third paragraph of the will, but…
2Cases cited1 opinion
- Walker v. Griffin's HeirsSupreme Court of the United States · 1826
3Cited by12 opinions
- Wanamaker EstateSupreme Court of Pennsylvania · 1960
- Corr's EstateSupreme Court of Pennsylvania · 1940
- Ihrie's EstateSupreme Court of Pennsylvania · 1894
- Sipe's EstateSuperior Court of Pennsylvania · 1906
- Herman's EstateSuperior Court of Pennsylvania · 1927
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