Musselman's Estate
Supreme Court of Pennsylvania
Appeal from tbe Common Pleas of Lancaster county. Tbis was an appeal by the devisees, legatees, and heirs at law, from the decree of the court below, distributing the balance in the hands of John Swarr, trustee, appointed by the court to sell the real estate late of Christian Musselman.
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Appeal from tbe Common Pleas of Lancaster county. Tbis was an appeal by the devisees, legatees, and heirs at law, from the decree of the court below, distributing the balance in the hands of John Swarr, trustee, appointed by the court to sell the real estate late of Christian Musselman. The ease was this:— Christian Musselman died in the year 1829, having made a will in German writing, dated the 20th day of August 1829, and which was duly proven and admitted to probate by the register of Lancaster county, by which he disposed of his estate in the following manner, to wit: — (The translation…
1Opinion of the Court
The opinion of the court was delivered,
by Lowrie, C. J.
We do not forget the general rule of interpretation of wills, that requires us to be liberal in favour of the heirs at law, and strict against devisees: but its application is excluded here, because, in general, provisions in favour of widows are to be liberally interpreted, because in this case the testator expressly declares what he intends for his heirs, and because he evidently intends to give his widow a liberal and generous control of his estate during her life and at her death.
He gives her all his real and personal estate as her…
2Cited by2 opinions
- Snyder v. Baer, Pennsylvania Court of Common Pleas, York County1891
- Tarter's EstatePennsylvania Orphans' Court, Philadelphia County · 1926