Reighard's Estate
Supreme Court of Pennsylvania
Appeal, No. 6, Oct. T., 1916, by Martha Pressel, from decree of O. O. Allegheny Co., June T., 1915, No. 72, dismissing exceptions to adjudication, in Estate of David P. Reighard, Deceased. Exceptions to adjudication.
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Appeal, No. 6, Oct. T., 1916, by Martha Pressel, from decree of O. O. Allegheny Co., June T., 1915, No. 72, dismissing exceptions to adjudication, in Estate of David P. Reighard, Deceased. Exceptions to adjudication. The adjudication of Miller, J., was in part as follows: The main questions to be considered are, (a) whether there be such a transgressive direction to accumulate income in violation of the Act of April 18,1853, P. L. 503, thus terminating the trust; and (b) whether the widow’s election to take against the will, terminates the trust created and accelerates the period of…
1Opinion of the Court
Opinion by
Mr. Chief Justice Brown,
After devising to his wife in fee simple his homestead, together with its contents, the testator, in clearest terms, directed that all the rest of his estate should constitute an active trust in the hands of his executors, to continue for a period of ten years from his death or during the natural life of his wife, if she should survive him for a period of over ten years. If she had elected to accept the provisions of his will, she and the other cestuis que trustent would have received monthly during her life what the will gave them, but she elected to take…
2Cases cited3 opinions
- Spring's EstateSupreme Court of Pennsylvania · 1907
- Estate of PortuondoSupreme Court of Pennsylvania · 1898
- Gourley's EstateSupreme Court of Pennsylvania · 1913
3Cited by15 opinions
- Disston's EstateSupreme Court of Pennsylvania · 1917
- Stafford's EstateSupreme Court of Pennsylvania · 1917
- Wyllner's EstateSuperior Court of Pennsylvania · 1917
- Shelley's EstateSupreme Court of Pennsylvania · 1926
- Reighard's EstateSupreme Court of Pennsylvania · 1925
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