Legal Opinion

O'Neill's Estate

Supreme Court of Pennsylvania

Decided January 5, 1920No. Appeals, Nos. 126 and 127PublishedCited by 7 opinions

Appeals, Nos. 126 and 127, Oct. T., 1918, by Edward L. Kearns, Executor, and Edward L. Kearns, Trustee, from decree of O. C. Allegheny Co., Dec. T., 1915, No. 95, dismissing exceptions to adjudication in Estate of Mary J. O’Neill, deceased. Exceptions to adjudication. Before Trimble, J. The court dismissed the exceptions to the adjudication. Edward L. Kearns, as executor and as trustee, appealed. Errors assigned were in dismissing exceptions to adjudication.

1Opinion of the Court

Opinion by

Mr. Justice Simpson,

The testatrix, Mary J. O’Neill, died June 26, 1910, leaving a valuable estate, out of which debts aggregating more than $56,000 should have been paid before her legatees received anything. By her will, which was duly probated July 1, 1910, she directed payment of her just debts “as soon as convenient after my decease”; she gave $500 for masses for the repose of her soul, she bequeathed the personal property in her residence to various relatives, she devised the Hotel Battaglia prop*11erty to her brother for life, with remainder to his three children, one of whom is…

2Cases cited4 opinions

  1. Hancock's AppealSupreme Court of Pennsylvania · 1886
  2. Peterson's EstateSupreme Court of Pennsylvania · 1913
  3. First National Bank v. McKinley Coal Co.Supreme Court of Pennsylvania · 1904
  4. Miller's EstateSupreme Court of Pennsylvania · 1919

3Cited by7 opinions

  1. Kiebler v. McCutcheonSupreme Court of Pennsylvania · 1921
  2. Henry's EstateSupreme Court of Pennsylvania · 1921
  3. Ochsenhirt EstateSuperior Court of Pennsylvania · 1945
  4. Marshall EstateSupreme Court of Pennsylvania · 1961
  5. Gernert EstatePennsylvania Orphans' Court, Lehigh County · 1951

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