Supreme Court of Pennsylvania, 1900

Everitt's Estate

Supreme Court of Pennsylvania · Decided April 23, 1900 · Cueiam, Dean, Fell, Green, McCollum, Mitchell

195 Pa. 450; 46 A. 1

Cases that cite this one

13 later published cases cite this decision.

Farrington Will (Pa. 1966)
Collins Estate (Pa. 1958)
Sciutti Estate (Pa. 1952)
Shippen Estate (Pa. Super. Ct. 1952)
Thompson Trust (Pa. 1949)
Barnard Estate (Pa. 1945)
Alli v. Kijakazi (United States District Court for the District of Alaska 2022)
Acupuncture Center of Washington v. Dunlop (D.C. Cir. 1976)
Manuel Estate (Philadelphia County Orphans' Court 1959)
Haupt's Estate (Northampton County Orphans' Court 1946)
Shirk's Estate (Lebanon County Orphans' Court 1928)
Simpson's Estate (Pa. 1914)
Comptoir National D'Escompte de Paris v. Board of Assessors (La. 1900)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Pee Cueiam,

Wo are clearly of opinion that Mary A. LaBaare, the sister of the deceased, was excluded by clause “ D ” of the will from all participation in the residue of the estate, and that clause “ G ” did not restore her to the class called “next of kin,” so as to enable her to take under that description. We are equally clear that the testator only intended his next of kin who *458should be living at the death of his son George to be the residuary-legatees of his estate, and that intent excludes all of the children of nephews and nieces -who were dead before the death of the testator’s son George. The reasons for these conclusions are sufficiently expressed in the opinion of the learned court below on which the decree is affirmed.

Decree affirmed and appeal dismissed at the cost of the appellant.

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