McCormick v. McElligott
Supreme Court of Pennsylvania
ERROR TO THE COURT OF COMMON PLEAS OF LANCASTER COUNTY. No. 348 January Term 1889, Sup. Ct.; court below, No. 3 January Term 1889, C. P. On December 8, 1888, a case stated was filed wherein Hannah McElligott was plaintiff, and D. R. McCormick was defendant.
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ERROR TO THE COURT OF COMMON PLEAS OF LANCASTER COUNTY. No. 348 January Term 1889, Sup. Ct.; court below, No. 3 January Term 1889, C. P. On December 8, 1888, a case stated was filed wherein Hannah McElligott was plaintiff, and D. R. McCormick was defendant. The facts presented were as follows: Jeremiah McElligott, of the city of Lancaster, died on November 11, 1875, leaving to survive him a widow, Anna McElligott, and two children, Hannah McElligott, the plaintiff above named, and Thomas F. McElligott, and also a brother, Daniel McElligott, and two sisters, Honora McElroy and Mary Studdard,…
1Per curiam
Notwithstanding the able and ingenious argument of the learned counsel for plaintiff in error, we are not convinced that the will of Jeremiah McElligott was erroneously construed by the court below.
After giving all his estate, real, personal and mixed, to his wife for life, and creating a trust, as to $5,000, to take effect at her death, in favor of his son Thomas, for life, etc., the testator devised and bequeathed “ the rest, residue and remainder” of his estate remaining after the death of his widow to his “ daughter Hannah, her heirs and assigns.” In the next clause of the will, he orders…
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