Gray's Estate
Supreme Court of Pennsylvania
Appeal, No. 302, Oct. T., 1891, by W. G. Park, from decree of O. C. Allegheny Co., June T., 1891, No. 74, dismissing exceptions to adjudication. On June 12, 1891, the second supplemental account of William G. Park and others, executors of the will of Richard C. Gray, deceased, exhibiting a balance of cash on hand, $793,723.87, was confirmed absolutely.
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Appeal, No. 302, Oct. T., 1891, by W. G. Park, from decree of O. C. Allegheny Co., June T., 1891, No. 74, dismissing exceptions to adjudication. On June 12, 1891, the second supplemental account of William G. Park and others, executors of the will of Richard C. Gray, deceased, exhibiting a balance of cash on hand, $793,723.87, was confirmed absolutely. Subsequently, upon an audit for the purpose of making distribution, the auditing judge, Hawkins, P. J., found in substance the following facts: Richard C. Gray died on May 28, 1888, leaving a will duly signed by him but without subscribing…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
That a legacy which fails, either by lapse or because void ah initio goes into the residue, is conceded; but in England there is a firmly settled exception, which is thus expressed by Sir William Gbant in Leake v. Robinson, 2 Mer. 392: “ Everything which is ill given by the will does fall into the residue ; and it must be a very peculiar ease indeed in which there can be at once a residuary clause and a partial intestacy, unless some part of the residue itself he ill given.” And accordingly, it was held in Skrymsher v. Northcote, 1 Swanst. 566, that a lapsed…
2Cases cited5 opinions
- Reed's EstateSupreme Court of Pennsylvania · 1876
- Massey's AppealSupreme Court of Pennsylvania · 1879
- Williams v. NeffSupreme Court of Pennsylvania · 1866
- Woolmer's EstateSupreme Court of Pennsylvania · 1838
- Patterson v. SwallowSupreme Court of Pennsylvania · 1863
3Cited by40 opinions
- In Re Estate of McFarlandTennessee Supreme Court · 2005
- Arnold's EstateSupreme Court of Pennsylvania · 1915
- Snellings v. DownerSupreme Court of Georgia · 1942
- Estate of NebingerSupreme Court of Pennsylvania · 1898
- Hartman's Estate (No. 1)Supreme Court of Pennsylvania · 1935
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