Legal Opinion

Brundage's Estate

Superior Court of Pennsylvania

Decided April 20, 1908No. Appeal, No. 62PublishedCited by 17 opinions

Appeal, No. 62, March T., 1908, by-Pearl Brundage, from degree of O. C. Lackawanna Co., Old Series, No. 1,558, making distribution in Estate of C. W. Brundage, deceased. Exceptions to adjudication. On the exceptions to the adjudication Sando, P. J., entered a decree distributing the fund for distribution per stirpes and not per capita. The facts appear by the opinion of the Superior, Court.. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Henderson, J.,

After providing for several legacies the testator gave the remainder of his estate to his son, Homer, and directed further that in case of the death of his son before he became of age “then the property to go to my brothers’ and sister’s children in equal proportions share and share alike.” The son died before reaching his majority by reason whereof the contingent bequest took effect. The testator had two brothers and one sister. Each of the brothers had three children and the sister one child. We are asked to determine whether the distribution among these children…

2Cases cited6 opinions

  1. Minter's AppealSupreme Court of Pennsylvania · 1861
  2. Ashburner's EstateSupreme Court of Pennsylvania · 1894
  3. Denlinger's EstateSupreme Court of Pennsylvania · 1895
  4. Sipe's EstateSuperior Court of Pennsylvania · 1906
  5. Bender's AppealSupreme Court of Pennsylvania · 1856

1 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Wood's EstateSupreme Court of Pennsylvania · 1936
  2. Davis's EstateSupreme Court of Pennsylvania · 1935
  3. England EstateSupreme Court of Pennsylvania · 1964
  4. Worstall's EstateSuperior Court of Pennsylvania · 1936
  5. Herman's EstateSuperior Court of Pennsylvania · 1927

12 more not listed; retrieve them via the Exa API.

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