Peterson's Estate
Supreme Court of Pennsylvania
Appeals, Nos. 93 and 94, Jan. T., 1913, of Richard Hayden and George R. Hayden, from decree of O. 0., Philadelphia Go., Oct. T., 1912, No. 172, dismissing exceptions to adjudication in Estate of Georgiana Harrah Peterson, deceased. Exceptions to adjudication of Gest, J. The opinion of the Supreme Court states the facts. Error assigned was in dismissing the exceptions to the adjudication.
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Appeals, Nos. 93 and 94, Jan. T., 1913, of Richard Hayden and George R. Hayden, from decree of O. 0., Philadelphia Go., Oct. T., 1912, No. 172, dismissing exceptions to adjudication in Estate of Georgiana Harrah Peterson, deceased. Exceptions to adjudication of Gest, J. The opinion of the Supreme Court states the facts. Error assigned was in dismissing the exceptions to the adjudication. The actual intention of the testatrix at the date of her will is not material: Roney v. Stiltz, 5 Wharton 381; Fidelity Ins., Trust & Safe Deposit Company’s App., 108 Pa. 492; Williams v. Brice, 201 Pa. 595.…
1Opinion of the Court
Opinion by
Mr. Justice Stewart,
We have here two appeals from the same decree involving precisely the same question. We shall consider them together.
The particular clause in the will of the testatrix which gives rise to the present controversy reads as follows:
“Whereas, I am the owner of certain property and estate which I hold in my own right free from any trust, *333Now I hereby give, devise and bequeath the same to my husband, Arthur Peterson, absolutely.”
Charles J. Harrah, the father of Mrs. Georgiana Harrah Peterson, here the testatrix, whose estate is now being distributed, by his last will…
2Cases cited3 opinions
- Chandler v. WoelpperSupreme Court of Pennsylvania · 1889
- Hancock's AppealSupreme Court of Pennsylvania · 1886
- Appeal of NealeSupreme Court of Pennsylvania · 1883
3Cited by23 opinions
- Nirdlinger's EstateSupreme Court of Pennsylvania · 1927
- Doolittle v. McConnellCalifornia Court of Appeal · 1924
- Sarver's EstateSupreme Court of Pennsylvania · 1936
- Thompson v. Wanamaker's TrusteeSupreme Court of Pennsylvania · 1920
- In Re Estate of KellySupreme Court of Pennsylvania · 1977
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