Henson's Estate

Philadelphia County Orphans' Court

Henson's Estate

12 Pa. D. & C. 128, 1929 Pa. Dist. & Cnty. Dec. LEXIS 278

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedApril 2, 1929

DocketNo. 187

StatusPublished

This text of 12 Pa. D. & C. 128 (Henson's Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Henson's Estate, 12 Pa. D. & C. 128, 1929 Pa. Dist. & Cnty. Dec. LEXIS 278 (Pa. Super. Ct. 1929).

Pincite

Opinion

Lamorelle, P. J.,

We are all of opinion that the Auditing Judge was correct in his conclusion that the fund originally set aside for the payment of the annuity should not now be depleted, and for that reason the exceptions are to be dismissed. The question of the ultimate-destination and distribution of the fund is not now necessarily before us. Whether, upon the death of the annuitant, the entire fund will pass under one particular clause of the will or whether any part thereof may pass under another clause will be decided when, upon and because of the death of the annuitant, a further accounting is had.

All exceptions are accordingly dismissed.

Steabne, J., did not sit.

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Lamorelle, P. J.,

We are all of opinion that the Auditing Judge was correct in his conclusion that the fund originally set aside for the payment of the annuity should not now be depleted, and for that reason the exceptions are to be dismissed. The question of the ultimate-destination and distribution of the fund is not now necessarily before us. Whether, upon the death of the annuitant, the entire fund will pass under one particular clause of the will or whether any part thereof may pass under another clause will be decided when, upon and because of the death of the annuitant, a further accounting is had.

All exceptions are accordingly dismissed.

Steabne, J., did not sit.

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Bluebook (online)

12 Pa. D. & C. 128, 1929 Pa. Dist. & Cnty. Dec. LEXIS 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hensons-estate-paorphctphilad-1929.