Loeser's Estate

Philadelphia County Orphans' Court

Loeser's Estate

2 Pa. D. & C. 250, 1922 Pa. Dist. & Cnty. Dec. LEXIS 249

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedOctober 23, 1922

DocketNo. 359

StatusPublished

This text of 2 Pa. D. & C. 250 (Loeser'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

Loeser's Estate, 2 Pa. D. & C. 250, 1922 Pa. Dist. & Cnty. Dec. LEXIS 249 (Pa. Super. Ct. 1922).

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Opinion

Thompson, J.,

The bequest of a going business to Lemuel Hudson and Margaret, his wife, and Samuel Russell, employees of the testator in said business, is not a gift to a class, nor do Lemuel Hudson and Margaret, his wife, take the same by entireties, for the reason that so to hold would be to ignore the latter part of the paragraph containing the said gift, which provides that the business is “to be theirs and each of theirs absolutely, share and share alike,” as clearly set forth in the adjudication of the auditing judge. Consequently, the death of Lemuel Hudson in the lifetime of the testator caused his interest in said legacy to lapse and fall into the residuary estate.

The exceptions filed on behalf of Samuel Russell and Margaret Hudson must, therefore, be dismissed, and it is so ordered, and the adjudication is confirmed absolutely.

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Thompson, J.,

The bequest of a going business to Lemuel Hudson and Margaret, his wife, and Samuel Russell, employees of the testator in said business, is not a gift to a class, nor do Lemuel Hudson and Margaret, his wife, take the same by entireties, for the reason that so to hold would be to ignore the latter part of the paragraph containing the said gift, which provides that the business is “to be theirs and each of theirs absolutely, share and share alike,” as clearly set forth in the adjudication of the auditing judge. Consequently, the death of Lemuel Hudson in the lifetime of the testator caused his interest in said legacy to lapse and fall into the residuary estate.

The exceptions filed on behalf of Samuel Russell and Margaret Hudson must, therefore, be dismissed, and it is so ordered, and the adjudication is confirmed absolutely.

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Bluebook (online)

2 Pa. D. & C. 250, 1922 Pa. Dist. & Cnty. Dec. LEXIS 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loesers-estate-paorphctphilad-1922.