Legal Opinion

Rau's Estate

Supreme Court of Pennsylvania

Decided July 1, 1916No. Appeal, No. 237PublishedCited by 34 opinions

Appeal, No. 237, Jan. T., 1915, by Northern Trust Company, Executor of Elizabeth Rau, Deceased, from decree of O. C. Philadelphia Co., April T., 1899, No. 278, dismissing exceptions to adjudication, in Estate of Conrad P. Rau, Deceased. Exceptions to adjudication. Before G-ummey, J. The opinion of the Supreme Court states the facts.

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Appeal, No. 237, Jan. T., 1915, by Northern Trust Company, Executor of Elizabeth Rau, Deceased, from decree of O. C. Philadelphia Co., April T., 1899, No. 278, dismissing exceptions to adjudication, in Estate of Conrad P. Rau, Deceased. Exceptions to adjudication. Before G-ummey, J. The opinion of the Supreme Court states the facts. The court dismissed the exceptions in an opinion by Lamorelle, J. The Northern Trust Company, Executor of the Estate of Elizabeth Rau, Deceased, appealed. Errors assigned were in dismissing the exceptions.

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

That portion of tbe will of Henry Rau, deceased that gives rise to the present controversy has respect to a one-eighth share in his estate, which he disposes, of as follows :

“And the remaining equal one-eighth part of my residuary estate, I direct shall be held and retained by said trustees who shall invest and reinvest the same in good interest bearing securities, and collect and receive the interest and income thereof, and when and as received to pay the same to my said daughter Elizabeth Rau, or to such person or persons as she may appoint from' time to time…

2Cases cited4 opinions

  1. Moore v. SmithSupreme Court of Pennsylvania · 1840
  2. Rosengarten v. AshtonSupreme Court of Pennsylvania · 1910
  3. Minnig v. BatdorffSupreme Court of Pennsylvania · 1847
  4. Womrath v. McCormickSupreme Court of Pennsylvania · 1866

3Cited by34 opinions

  1. Newlin EstateSupreme Court of Pennsylvania · 1951
  2. Groninger's EstateSupreme Court of Pennsylvania · 1920
  3. Hope EstateSupreme Court of Pennsylvania · 1960
  4. McCauley's EstateSupreme Court of Pennsylvania · 1917
  5. Lilley's EstateSupreme Court of Pennsylvania · 1922

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