Philadelphia County Orphans' Court, 1922

Loughran's Estate

Loughran's Estate
Philadelphia County Orphans' Court · Decided October 20, 1922 · Lamoeelle
2 Pa. D. & C. 223; 1922 Pa. Dist. & Cnty. Dec. LEXIS 240

Counsel

Michael Francis Doyle, for exceptant; H. A. Hoefler, contra.

Loughran's Estate

Opinion of the Court

Lamoeelle, P. J.,

We see no difference in principle between a bequest to a church of a sum of money to be expended in masses for the benefit and repose of one’s soul (Rhymer’s Appeal, 93 Pa. 142) and a legacy to a priest, by name, “for masses to be offered for the repose of my soul,” which is the present case. Counsel for the exceptant has failed to convince us that there is a distinction to be drawn; in fact, in O’Donnell’s Estate, 209 Pa. 63, a bequest to a priest by name, or his successor, for such purpose was *224held to be a “charitable gift,” and void because the will had been executed within thirty days of testator’s death.

We, therefore, dismiss the exceptions and confirm the adjudication absolutely.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.