Estate of Rogers
Estate of Rogers
Opinion of the Court
We listened with pleasure to the ingenious and able argument of the learned counsel for the appellants, but it has failed to convince us that Brenneman’s App., 40 Pa. 115, should be overruled, or even modified. It was there held that under the act of April 27, 1855, P. L. 368, the children of deceased uncles and aunts take by representation such part of the estate of a decedent as the parents would be entitled to if living; that the rule of distribution is per stirpes, and not per capita; and that the second cousins of the decedent were not entitled to
The decree is affirmed, and the appeal dismissed, at the costs of the appellants.
Reference
- Full Case Name
- ESTATE OF MARY ROGERS
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Under § 2, act of April 27, 1855, P. L. 368, the second cousins of an intestate, who are the grandchildren of deceased uncles and aunts, are not entitled to participate in the distribution .as against first cousins, who are the children of deceased uncles and aunts: Brenneman’s App., 40 Pa. 115.