McFillin's Estate
Cases that cite this one
19 later published cases cite this decision.
- Manuel Estate (Philadelphia County Orphans' Court 1959)
- Farmers Trust Co., Excr. v. Wilson Et Ux. (Pa. 1948)
- Lusk Estate (Pa. 1946)
- Barnard Estate (Pa. 1945)
- Doyle Et Ux. v. McKean's Estate (Pa. Super. Ct. 1938)
- Barge's Estate (Pa. Super. Ct. 1937)
- Ayres Estate (Philadelphia County Court of Common Pleas 1957)
- Thompson Trust (Pa. 1949)
- Estate of D.K. Ramey (Pa. Super. Ct. 1932)
- Lukens's Estate (Philadelphia County Orphans' Court 1932)
- Warne's Estate (Pa. 1930)
- Warne's Estate (Philadelphia County Orphans' Court 1930)
- Bechtel's Estate (Pa. Super. Ct. 1924)
- Murphey's Estate (Pa. 1923)
- Miller's Estate (Pa. 1922)
- Read's Estate (Philadelphia County Orphans' Court 1922)
- Tatham's Estate (Pa. 1915)
- Tomlinson's Estate (Pa. Super. Ct. 1915)
- Packer's Estate (Pa. 1914)
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
Tbe thoroughly settled rule of construction is that where a testator directs that in a certain event after the expiration of a particular interest the estate shall go to his heirs or next of kin, or to the persons who would take under the intestate laws, he is to be understood as meaning the persons who would have so taken at the time of his death, and not at the time appointed for their taking, unless a different intent is plainly manifested in his will: Buzby’s Appeal, 61 Pa. 111; Stewart’s Estate, 147 Pa. 383; Fitzpatrick’s Estate, 233 Pa. 33. Nothing in the will before us shows a clear intent of the testator that his next of kin were not those who were such at the time of his death, and the decree is, therefore, affirmed with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.