Estate of Moses

Superior Court of Pennsylvania December 7, 1896

Estate of Moses, 3 Pa. Super. 93 (1896)

1896 Pa. Super. LEXIS 110

Beaver, Bice, Oklady, Orlad, Reeder, Smith, Wickham, Willard

Opinion of the Court

Opinion by

Oklady, J.,

The report of the auditor, which was confirmed by the learned court below, covers practically all that may be said with advantage on the subject of controversy.

Gross’s Appeal, 10 Pa. 360, rules the one under consideration and is a binding authority on this court. Nor does it stand alone: Guenther’s Appeal, 4 W. N. C. 41; Ashburner’s Estate, 159 Pa. 545; Bradley’s Estate, 166 Pa. 300; Striewig’s Estate, 169 Pa. 61, when before the court of last resort raised substantially the same question, and the rule of distribution has not been changed.

The decree of the court is affirmed.

Reference

Full Case Name: Estate of Jacob Moses. Appeal of Ella N. Hause
Cited By: 2 cases
Status: Published
Syllabus: Will — Construction—Bequest to children as a class. Under a bequest to the children of testator’s brothers and sisters, share and share alike to them severally, and their heirs and assigns forever, such of the children take as were living at the death of the testator, to the exclusion oí the representatives of children dying before the testator, but after the date of his will. The act of 1844 does not extend to such a case, for the legacies never vested in the children dying before the testator.