Legal Opinion · Dissent

Boswell's Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided April 5, 1940No. 117Published

1Dissent

Stearne, J.,

dissenting. — I do not agree with the construction of this will as made by the majority. In my *344view there is an express provision fixing the time of distribution of part of the corpus.

Testatrix contemplated the decease of her two named grandchildren, with and without surviving “husband, wife, child or children”. Should either grandchild die without leaving a husband the income passes to the other life tenants until the death of the survivor, when the principal is given to testatrix’s children. However, if such grandchild leaves a husband, then such husband “shall receive the…

2Cases cited8 opinions

  1. Lockhart's EstateSupreme Court of Pennsylvania · 1932
  2. Estate of DeSilverPennsylvania Orphans' Court, Philadelphia County · 1891
  3. Appeal of WilenSupreme Court of Pennsylvania · 1884
  4. McCallum's EstateSupreme Court of Pennsylvania · 1905
  5. Aubert's AppealSupreme Court of Pennsylvania · 1888

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