Storer v. Wheatley's Executors
Supreme Court of Pennsylvania
Error to the Common Pleas of Fayette county. Wheatley, after making certain bequests to his sons, gave the surplus to his daughter; but if she died before twenty-one, "it is my will that what I have here willed to her shall revert to my nearest relations or connections, as directed by the laws of the Commonwealth.”
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Error to the Common Pleas of Fayette county. Wheatley, after making certain bequests to his sons, gave the surplus to his daughter; but if she died before twenty-one, "it is my will that what I have here willed to her shall revert to my nearest relations or connections, as directed by the laws of the Commonwealth.” The ' daughter died, and the question on the case stated was, whether the widow of testator (plaintiff) was entitled to a share in the estate remaining in the hands of the executors.
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
It is well settled that the words "next of kin” exclude the testator’s widow; and that the word "relations” excludes those who are so only by affinity; but the words, in this case, do not belong exactly to either class. "I bequeath to my daughter, Margaret Louisa,” is the language of the testator, "all the balance or residue of my estate, to be paid to her when she arrives at lawful age to receive it; but in case my daughter should not live to the age of twenty-one years, it is my will that what I have willed to her shall revert to my…
2Cited by4 opinions
- De Graffenreid v. Iowa Land & Trust Co.Supreme Court of Oklahoma · 1908
- Stoler's EstateSupreme Court of Pennsylvania · 1928
- Garrett's EstateSupreme Court of Pennsylvania · 1915
- Estate of Crane, Superior Court of California, County of San Francisco1892