Phillips's Estate
Supreme Court of Pennsylvania
Appeal, No. 96, Jan. T., 1902, by Henry Cleremont Moses, Altamont P. Moses and Franklin J. Moses and Albert B. Weimer, executor of the estate of Edward P. Allinson, deceased, assignee of the share of Charles L. Phillips, from decree of O. C. Phila. Co., Jan. T., 1885, No. 320, dismissing exceptions to adjudication in estate of Henry M. Phillips, deceased. Exceptions to adjudication.
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Appeal, No. 96, Jan. T., 1902, by Henry Cleremont Moses, Altamont P. Moses and Franklin J. Moses and Albert B. Weimer, executor of the estate of Edward P. Allinson, deceased, assignee of the share of Charles L. Phillips, from decree of O. C. Phila. Co., Jan. T., 1885, No. 320, dismissing exceptions to adjudication in estate of Henry M. Phillips, deceased. Exceptions to adjudication. In addition to the facts stated in the opinion of the Supremo Court, it appeared that the testator died in 1884. One sister in 1891 and the other in 1901. All the nephews and nieces mentioned in the will were…
1Opinion of the Court
Opinion by
Mb. Justice Bbown,
The testator gave the income from his residuary estate to his sisters, Ellen and Emily, for life. Upon the death of both of them he directed certain legacies to be paid, and then gave all of the remainder to certain nephews and nieces. Whether at his death each of them took a vested interest in his estate depends upon his intention, to be gathered from the three following clauses in his will:
“ And all the residue and remainder of my residuary estate .... one half part thereof I give, devise and bequeath unto the daughters of my deceased brother J. Altamont…
2Cases cited5 opinions
- Good v. Fichthorn, Pennsylvania Court of Common Pleas, Lancaster County1891
- Estate of WhelenSupreme Court of Pennsylvania · 1896
- Sheetz's AppealSupreme Court of Pennsylvania · 1876
- Heck's EstateSupreme Court of Pennsylvania · 1895
- Thompson v. ThompsonNew York Supreme Court · 1858
3Cited by15 opinions
- Martin v. DialTexas Commission of Appeals · 1933
- Mayer's EstateSupreme Court of Pennsylvania · 1927
- Barney v. MaySupreme Court of Minnesota · 1917
- Busick v. BusickIndiana Court of Appeals · 1917
- Hignett v. ShermanSupreme Court of Colorado · 1924
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