M'Kibbin's Estate
Supreme Court of Pennsylvania
Appeal, No. 4, May T., 1902, by the Real Estate Trust Company of Philadelphia, from decree of O. C. Fulton Co., affirming report of auditor in estate of Sarah I. M’Kibbin, deceased. Exceptions to auditor’s report.
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Appeal, No. 4, May T., 1902, by the Real Estate Trust Company of Philadelphia, from decree of O. C. Fulton Co., affirming report of auditor in estate of Sarah I. M’Kibbin, deceased. Exceptions to auditor’s report. John P. Sipes, Esq., auditor, found the facts to be as follows: Sarah I. M’Kibbin died November 13, 1890, having made her last will and testament, dated January 18, 1887, and three codicils thereto, the first dated January 21, 1887, the second May 7, 1887, and the third June 7, 1888, which will and codicils were duly probated and filed in the register’s office of Fulton county,…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
Notwithstanding the general rule that advancements, strictly speaking, are confined to cases of intestacy, it is well settled that they may exist, though subsequently a will is made by the parent, and in such cases it depends on the will how such charges are to be considered: Watson v. Watson, 6 Watts, 254; Wright’s Appeal, 89 Pa. 67.
The note involved in this case is a sealed acknowledgment of indebtedness “ payable as follows, at my decease to be taken out of my share of her city property after her decease.” Notwithstanding the patent ambiguity of this language…
2Cases cited2 opinions
- Watson v. WatsonSupreme Court of Pennsylvania · 1837
- Wright's AppealSupreme Court of Pennsylvania · 1879
3Cited by8 opinions
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- Sylvanus v. PruettNew Mexico Supreme Court · 1932
- Kocher EstateSupreme Court of Pennsylvania · 1946
- O'Connor v. FlickSupreme Court of Pennsylvania · 1921
- Harper v. HarrisCourt of Appeals for the Eighth Circuit · 1923
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