Legal Opinion

Appeal of Washington & Lee University

Supreme Court of Pennsylvania

Decided February 1, 1886PublishedCited by 6 opinions

Appeal from the Orphans’ Court of Philadelphia county: Of January Term, 1885, No. 388. This was an appeal by the Washington and Lee University from the decree of the Orphans’ Court of Philadelphia county, in the matter of the distribution of the estate of Asa Packer, deceased, upon the account of his executors. -This decree confirmed the adjudication of the Auditing Judge, upon exceptions thereto by the appellants, awarding a legacy given by the decedent’s will to Washington…

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Appeal from the Orphans’ Court of Philadelphia county: Of January Term, 1885, No. 388. This was an appeal by the Washington and Lee University from the decree of the Orphans’ Court of Philadelphia county, in the matter of the distribution of the estate of Asa Packer, deceased, upon the account of his executors. -This decree confirmed the adjudication of the Auditing Judge, upon exceptions thereto by the appellants, awarding a legacy given by the decedent’s will to Washington College, Lexington, Virginia, to the Virginia Military Institute instead of to the appellants, both of whom claimed…

1Opinion of the Court

The opinion of the court was filed February 1st, 1886.

2Per curiam

This legacy in contention was not given to either the appellant or the appellee by its correct name. Which one of them is the more likely to have been intended by the testator as the object of his bounty; must be determined by a consideration of all the language used.

It cannot be questioned that he intended to give the four thousand dollars in cash to that institution which was indebted to him in the sum of one thousand dollars. He directs the bond for $1,000 to be “ surrendered and cancelled by his trustees, thus making the legacy to that…

3Cited by6 opinions

  1. Stand's EstateSupreme Court of Pennsylvania · 1922
  2. Lockwood's EstateSupreme Court of Pennsylvania · 1942
  3. National Jewish Hospital for Consumptives v. ColemanSupreme Court of Alabama · 1914
  4. Estate of WampoleSuperior Court of Pennsylvania · 1897
  5. Estate of BrysonSuperior Court of Pennsylvania · 1898

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