Appeal of Mendinhall
Supreme Court of Pennsylvania
, FROM THE DECREE OF THE ORPHANS COURT OF CHESTER COUNTY, No. 254 Januaxy Term 1888 Sup. Ct. On June 15, 1886, upon the petition of a party in interest setting forth that the account of Lydia S. Mendinhall and Anna B. Fogg, administrators e. t. a. of John Marshall, deceased, showing a balance in their hands of $94,770.05, had been confirmed, Mr. William T. Barber was appointed auditor to distribute the balance so shown.
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, FROM THE DECREE OF THE ORPHANS COURT OF CHESTER COUNTY, No. 254 Januaxy Term 1888 Sup. Ct. On June 15, 1886, upon the petition of a party in interest setting forth that the account of Lydia S. Mendinhall and Anna B. Fogg, administrators e. t. a. of John Marshall, deceased, showing a balance in their hands of $94,770.05, had been confirmed, Mr. William T. Barber was appointed auditor to distribute the balance so shown. The facts relating to the controversy, as found by tbe auditor from the evidence before him were as follows, to wit: Jolin Marshall, of Kennett Square, died on May 28, 1885,…
1Opinion of the Court
Opinion,
Mu. Chief Justice Paxson:
The learned auditor and court below held that the legacy to the appellant oí $20,000 was revoked by the codicil to the testator's will, and that she is only entitled to her share of the residue of the estate. The contention of the appellant is that this ruling is erroneous for the reason that the testator based liis revocation of the legacy on the ground that the facts alleged by him in the codicil were true ; that as the reason for the revocation has failed, the revocation itself falls, and the appellant is entitled to be paid the $20,000. The rule as laid…
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