Legal Opinion

Estate of Ferguson

Supreme Court of Pennsylvania

Decided November 10, 1890No. 74PublishedCited by 26 opinions

APPEAL BY S. H. FERGUSON FROM THE ORPHANS’ COURT OF ARMSTRONG COUNTY. No. 74 October Term 1890, Sup. Ct.; court below, No. 29 June Term 1889, O. C. On June 29, 1889, tbe account of Thomas A. Ferguson and S. L. Reddick, executors of tbe will of Samuel Ferguson, deceased, embracing tbe personal estate of their testator, was filed in tbe court below, and on July 16, 1889, Mr. Rush Fullerton was appointed auditor to make distribution of tbe balance shown to be in the hands of…

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APPEAL BY S. H. FERGUSON FROM THE ORPHANS’ COURT OF ARMSTRONG COUNTY. No. 74 October Term 1890, Sup. Ct.; court below, No. 29 June Term 1889, O. C. On June 29, 1889, tbe account of Thomas A. Ferguson and S. L. Reddick, executors of tbe will of Samuel Ferguson, deceased, embracing tbe personal estate of their testator, was filed in tbe court below, and on July 16, 1889, Mr. Rush Fullerton was appointed auditor to make distribution of tbe balance shown to be in the hands of the accountants. The report of the auditor found the following facts: 1.- The decedent, Samuel Ferguson, died on January…

1Opinion of the Court

OPINION,

Mr. Justice Mitchell:

It was held in Coover’s App., 74 Pa. 148, that devises or be-q uests, subordinate to a life-estate in the widow and contingent upon her death, or payment of which is postponed until then, become presently payable upon her election to take under the intestate laws. As to its effect upon all claims under the will, her election is equivalent to her death. This is the general rule, and if there are any exceptions, they must depend on the expression or unavoidable implication of a contrary intent of the testator. No such intent is apparent in the present will. The…

2Cases cited2 opinions

  1. Young's AppealsSupreme Court of Pennsylvania · 1885
  2. Gallagher's AppealSupreme Court of Pennsylvania · 1878

3Cited by26 opinions

  1. Disston's EstateSupreme Court of Pennsylvania · 1917
  2. Lonergan's EstateSupreme Court of Pennsylvania · 1931
  3. Edelman's EstateSupreme Court of Pennsylvania · 1939
  4. Roe v. DoeSupreme Court of Delaware · 1914
  5. American National Bank v. ChapinSupreme Court of Virginia · 1921

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