Estate of Green
Supreme Court of Pennsylvania
Estate of Green, 140 Pa. 253 (Pa. 1891)
21 A. 317; 1891 Pa. LEXIS 837
Clark, Green, Paxson, Sterrett, Williams
Estate of Green
Opinion of the Court
These appeals, although from different decrees, and from different courts, involve the same question, and arise out of the same estate. We are satisfied the learned judge below was right in dismissing the exceptions to the auditor’s reports, and confirming the same. The learned auditor has discussed the case so intelligently that we do not think it necessary to add anything to what he has said.
The decree is affirmed in each case, and the appeal dismissed at the costs of the appellants.
Reference
- Full Case Name
- ESTATE OF SAMUEL GREEN
- Cited By
- 13 cases
- Status
- Published
- Syllabus
- (а) By Ms will, dictated at a time when he was seriously ill, a testator gave one half Ms property to his wife, directing “ the other half to be divided equally between Josephine Lukens and the children oí John R. Ash; in the event of the death of Josephine Lukens, her portion to go to the children of John E. Ash.” (б) Josephine Lukens and the mother of the Ash children had been brought up in the testator’s family, and treated by Mm as if they were his own daughters. The last sentence quoted was added to the will after the testator was informed that Josephine Lukens was also seriously ill, and not likely to recover: 1. On the distribution of the estate of the testator, under said will, Josephine Lukens, who survived Mm, was entitled absolutely to one half the portion given to her and the children of John E. Ash, and not merely to a life-estate in an equal share thereof with said children.