Rhymer's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1878, No. 234. Appeal of Anastatia Rhymer, late Anastatia Power, and Charles G. Stewart, guardian of John and Mary Power, from the decree of the court sustaining the exceptions to the report of the auditing judge in the estate of Martin Power, deceased.
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Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1878, No. 234. Appeal of Anastatia Rhymer, late Anastatia Power, and Charles G. Stewart, guardian of John and Mary Power, from the decree of the court sustaining the exceptions to the report of the auditing judge in the estate of Martin Power, deceased. Martin Power died July 23d 1874, leaving a will, dated July 9th 1874. In this will he made a number of specific bequests, among which were several to Catholic institutions, and the residue of his estate he disposed of as follows: “ Item. All the rest, residue and remainder…
1Opinion of the CourtJustice Sterrett
March 1st 1880.
By the residuary clause of his will, executed fifteen days before his death, the testator bequeathed “ all the rest, residue and remainder” of his estate “to St. Mary’s Catholic Church, to be expended in masses for the benefit and repose of” his soul.
It is contended that the bequest is void under the Act of 1855, the 11th section of which declares that “ no estate, real or personal, shall hereafter be bequeathed, devised or conveyed to any body politic, or to any person, in trust for religious or charitable uses, except the same be done by deed or will attested by two credible…
2Cited by15 opinions
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- Minturn v. Conception AbbeyMissouri Court of Appeals · 1933
- Heilig Estate, Pennsylvania Court of Common Pleas, Philadelphia County1979
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