Legal Opinion

Kirby's Estate

Supreme Court of Pennsylvania

Decided March 18, 1912No. Appeal, No. 322PublishedCited by 4 opinions

Appeal, No. 322, Jan. T., 1911, by John B. Kirby, from decree of O. C. Lackawanna Co., Year 1907, No. 481, dismissing exceptions to adjudication in Estate of William E. Kirby, deceased. Exceptions to adjudication.

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Appeal, No. 322, Jan. T., 1911, by John B. Kirby, from decree of O. C. Lackawanna Co., Year 1907, No. 481, dismissing exceptions to adjudication in Estate of William E. Kirby, deceased. Exceptions to adjudication. Before Sandio, P. J. The material portions of the will of the decedent were as follows: “Item: I give, devise and bequeath to my beloved daughter, Mina Belle Kirby, the use, occupation and income of all the rest, residue and remainder of my estate, real, personal and mixed, of what kind or nature, whatsoever the same may be, and wherever situated, for her support, education and…

1Opinion of the Court

Opinion by

Mr. Justice Potter,

In this case the testator gave to his daughter, Mina Belle Kirby, the use, occupation and income of his residuary estate, for and during her natural life, and upon her death, “leaving a child or children, and heir or heirs to her” he gave the entire residue of his estate “to the said child or heir solely, or to the said children or heirs equally, share and share alike.” The question to he *545determined is whether the daughter took a life estate only, or an estate in fee. The court below held that the expressed intention of the testator brought the case within the…

2Cases cited6 opinions

  1. Shapley v. DiehlSupreme Court of Pennsylvania · 1902
  2. Amelia Smith's AppealSupreme Court of Pennsylvania · 1853
  3. Hastings v. EngleSupreme Court of Pennsylvania · 1907
  4. Wilson v. HeilmanSupreme Court of Pennsylvania · 1908
  5. Biddle's AppealSupreme Court of Pennsylvania · 1871

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

3Cited by4 opinions

  1. Asper v. StewartSupreme Court of Pennsylvania · 1914
  2. Wright v. LairdSupreme Court of Pennsylvania · 1920
  3. Johnson's EstatePennsylvania Orphans' Court, Crawford County · 1930
  4. Keeley v. Moon, Pennsylvania Court of Common Pleas, Bucks County1934

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