Legal Opinion

Fetrow's Estate

Superior Court of Pennsylvania

Decided July 13, 1917No. Appeals, Nos. 21, 22, 23, 24, 25 and 26Published

Appeals, Nos. 21, 22, 23, 24, 25 and 26, March T., 1917, by Eli Fetrow et al., from decree of O. C. York Co., dismissing exception to auditor’s report in Estate of Joshua Fetrow, deceased. Exceptions to report of V. K. Keesey, Esq., auditor. From the record it appeared that Joshua Fetrow died on February 25,1864, leaving a will, the material portion of which is quoted in the opinion of the Superior Court.

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Appeals, Nos. 21, 22, 23, 24, 25 and 26, March T., 1917, by Eli Fetrow et al., from decree of O. C. York Co., dismissing exception to auditor’s report in Estate of Joshua Fetrow, deceased. Exceptions to report of V. K. Keesey, Esq., auditor. From the record it appeared that Joshua Fetrow died on February 25,1864, leaving a will, the material portion of which is quoted in the opinion of the Superior Court. A portion of the land devised to Michael Fetrow for life was taken by the Northern Central Railroad Co. in 1912, under condemnation proceedings. The damages amounting to $9,800 were paid…

1Opinion of the Court

Opinion by

Trexler, J.,

We are asked to construe the following clause of the will of Joshua Fetrow: “I give, devise and bequeath, unto Michael Fetrow, son of Henry Fetrow now living with me during his natural life the tract of land (description ). He the said Michael Fetrow to have and hold the same and keep said land and fences in order during: his natural life, and at his death, I give and devise the same unto his children in equal shares, with this provision that they shall pay unto the other devisees named in this my last will, one-third of the valuation of said tract of land. ■ In case the…

2Cases cited17 opinions

  1. Carstensen's EstateSupreme Court of Pennsylvania · 1900
  2. Moore v. SmithSupreme Court of Pennsylvania · 1840
  3. Rosengarten v. AshtonSupreme Court of Pennsylvania · 1910
  4. Rau's EstateSupreme Court of Pennsylvania · 1916
  5. Downer v. DownerSupreme Court of Pennsylvania · 1839

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