Waln's Estate
Supreme Court of Pennsylvania
Appeal, No. 282, Jan. T., 1898, by Mary W. Vaux, late Wain, et al., from decree of O. C. Phila. Co., April T., 1892, No. 379, distributing estate of Henry Lisle Wain, deceased. Adjudication of executor’s account.
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Appeal, No. 282, Jan. T., 1898, by Mary W. Vaux, late Wain, et al., from decree of O. C. Phila. Co., April T., 1892, No. 379, distributing estate of Henry Lisle Wain, deceased. Adjudication of executor’s account. From the adjudication of Hanna, P. J., it appeared that Henry Lisle Wain died April 8, 1891, having made his will dated April 7, 1882, which, after certain legacies, provided: “ The rest, residue and remainder of my estate, real and personal, I devise and bequeath to my sisters Mary, Sallie, Ellen and Annie, and my brother Edward, in equal shares.” He had then no other brothers or…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
It is conceded that the share of the residuary bequest left to testator’s sister Ellen having lapsed by her death during his lifetime, he died intestate as to that, and it goes to his next of kin and not to the other residuary legatees. The only question therefore is whether the share of Edward follows the same course. Is there any substantial difference in regard to its effect, between a lapsed or a void residuary bequest, and one expressly revoked?
The English cases apply the same rule to both. Thus in Cresswell v. Cheslyn, 2 Eden, 123, the testator appointed…
2Cases cited1 opinion
- Gray's EstateSupreme Court of Pennsylvania · 1892
3Cited by17 opinions
- Billings's EstateSupreme Court of Pennsylvania · 1920
- Snellings v. DownerSupreme Court of Georgia · 1942
- Estate of NebingerSupreme Court of Pennsylvania · 1898
- Melville's EstateSupreme Court of Pennsylvania · 1914
- Bronson v. PinneySupreme Court of Connecticut · 1943
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