O'Donnell's Estate
Supreme Court of Pennsylvania
Appeal, No. 260, Jan. T., 1903, by Richard Kennehan, from decree of O. G. Montgomery Go., May T., 1903, No. 23, awarding citation in estate of Terrence O’Donnell, deceased. Petition for citation.
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Appeal, No. 260, Jan. T., 1903, by Richard Kennehan, from decree of O. G. Montgomery Go., May T., 1903, No. 23, awarding citation in estate of Terrence O’Donnell, deceased. Petition for citation. The testator by his will left the income of two thirds of his estate unto his wife Ellen, and the income of the remaining one third to his son, Richard W., and then provided : “ Item—And after the death of my said wife and son I give, devise and bequeath all of my estate to Rev. Richard Kennahan, or his successors of the St. Matthew’s Church, of Conshohocken, Pennsylvania, for the purpose of saying…
1Opinion of the Court
Per Curiam,
The contention of the appellant that the bequest was a personal one to him as compensation for services to be rendered, and therefore not within the act of 1855, cannot be sustained. The bequest it is true is to him by name, but it is plainly to him not as an individual, but by virtue of his office for the words are “ to Rev. Richard Kennahan, or his successor, of St. Matthew’s church,” and “ for the purposes of saying masses ” for testator and his wife. It thus appears that the bequest is to appellant not only as priest of the church named, but also for a specific use and is thus…
2Cases cited2 opinions
- Rhymer's AppealSupreme Court of Pennsylvania · 1880
- Hodnett's EstateSupreme Court of Pennsylvania · 1893
3Cited by14 opinions
- Ackerman v. FichterIndiana Supreme Court · 1913
- Minturn v. Conception AbbeyMissouri Court of Appeals · 1933
- Wilmes v. TiernaySupreme Court of Iowa · 1919
- Lanza v. DiFronzoCuyahoga County Probate Court · 1949
- Nead's EstateSuperior Court of Pennsylvania · 1914
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