Jones's Estate
Supreme Court of Pennsylvania
Appeal, No. 169, Oct. T.,'1904, by Fidelity Title & Trust Co., guardian, from decree of O. C. Allegheny Co., March T., 1904, No. 91, dismissing exceptions to adjudication in estate of Thomas Mifflin Jones, Jr., deceased. Audit of executor’s account.
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Appeal, No. 169, Oct. T.,'1904, by Fidelity Title & Trust Co., guardian, from decree of O. C. Allegheny Co., March T., 1904, No. 91, dismissing exceptions to adjudication in estate of Thomas Mifflin Jones, Jr., deceased. Audit of executor’s account. The account showed a balance for distribution of about $600,000. By a stipulation filed the following facts appeared: Thomas M. Jones, Jr., the decedent, on April 9, 1896, married Mary E. Brown (now Speer). One child, a son, Thomas M. Jones, 3d, was born to them, who has for a guardian the Fidelity Title & Trust Company. On February 6, 1900, Mary…
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
The questions presented by this appeal, as stated by the appellant, are:
1. Does a legacy, in these words, “ one third to my wife, Mary Brown Jones,” lapse, when the wife subsequent to the date of the will, at her own instance, obtains a divorce a vinculo matrimonii ?
2. Is a bequest “to my wife Mary Bi’own Jones ” revoked by implication, by reason of absolute divorce ?
We take up these questions in order.
What is there in the facts of this case to support the claim that the legacy has lapsed ? The person named as legatee did not die in the lifetime of the testator,…
2Cases cited10 opinions
- Lansing v. HaynesMichigan Supreme Court · 1893
- In re Estate of ComassiCalifornia Supreme Court · 1895
- Brown v. Ancient Order of United WorkmenSupreme Court of Pennsylvania · 1904
- Davis v. FogleIndiana Supreme Court · 1890
- Card v. AlexanderSupreme Court of Connecticut · 1881
5 more not listed; retrieve them via the Exa API.
3Cited by37 opinions
- Seiter's EstateSupreme Court of Pennsylvania · 1919
- Donaldson v. HallSupreme Court of Minnesota · 1909
- Estate of Brown v. BrownSupreme Court of Iowa · 1908
- Solms' EstateSupreme Court of Pennsylvania · 1916
- Corns-Thomas Engineering & Construction Co. v. County Court of McDowell CountyWest Virginia Supreme Court · 1922
32 more not listed; retrieve them via the Exa API.