Kelley's Estate
Superior Court of Pennsylvania
Appeal, No. 139, April T., 1905, by Matthew Kelley, a minor, by his guardian and next friend, Minnie F. Gleason, from decree of O. C. Allegheny Co., April T., 1904, No. 74, dismissing exceptions to adjudication in Estate of John J. Kelley, deceased. Exceptions to adjudication.
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Appeal, No. 139, April T., 1905, by Matthew Kelley, a minor, by his guardian and next friend, Minnie F. Gleason, from decree of O. C. Allegheny Co., April T., 1904, No. 74, dismissing exceptions to adjudication in Estate of John J. Kelley, deceased. Exceptions to adjudication. Hawkins, P. J., found the facts to be as follows: The question in this case is, whether or not the disposition made in the first clause of decedent’s will is void, because : 1. The names of the beneficiaries are not in writing; and 2. So far as relates to charities as having been made within thirty days of testator’s…
1Opinion of the Court
Opinion by
Smith, J.,
The questions presented in the assignment of errors might properly have arisen had the testator, by either will, made a disposition of the money in controversy, and in such case their determination would rest on the established principles governing a trust of the character alleged by the appellee, and illustrated in Hoffner’s Estate, 161 Pa. 331; McAuley’s Estate, 184 Pa. 124; Morrow’s Estate (No. 2), 204 Pa. 484. But his language in relation to this money — substantially identical in the two wills — was in no sense a testamentary disposition of it. Each will contained…
2Cases cited3 opinions
- Hoffner's EstateSupreme Court of Pennsylvania · 1894
- In re Estate of McAuleySupreme Court of Pennsylvania · 1898
- Morrow's EstateSupreme Court of Pennsylvania · 1903
3Cited by3 opinions
- Dickerson v. Midvale Beneficial Ass'nSupreme Court of Pennsylvania · 1919
- Fredericks v. CarsonSuperior Court of Pennsylvania · 1931
- Wiley v. First Presbyterian Church, Pennsylvania Court of Common Pleas, Cameron County1942