Loughran's Estate

Philadelphia County Orphans' Court

Loughran's Estate

2 Pa. D. & C. 223, 1922 Pa. Dist. & Cnty. Dec. LEXIS 240

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedOctober 20, 1922

DocketNo. 258

StatusPublished

This text of 2 Pa. D. & C. 223 (Loughran'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

Loughran's Estate, 2 Pa. D. & C. 223, 1922 Pa. Dist. & Cnty. Dec. LEXIS 240 (Pa. Super. Ct. 1922).

Pincite

Opinion

Lamoeelle, P. J.,

We see no difference in principle between a bequest to a church of a sum of money to be expended in masses for the benefit and repose of one’s soul (Rhymer’s Appeal, 93 Pa. 142) and a legacy to a priest, by name, “for masses to be offered for the repose of my soul,” which is the present case. Counsel for the exceptant has failed to convince us that there is a distinction to be drawn; in fact, in O’Donnell’s Estate, 209 Pa. 63, a bequest to a priest by name, or his successor, for such purpose was [224]*224held to be a “charitable gift,” and void because the will had been executed within thirty days of testator’s death.

We, therefore, dismiss the exceptions and confirm the adjudication absolutely.

Free access — add to your briefcase to read the full text and ask questions with AI

Lamoeelle, P. J.,

We see no difference in principle between a bequest to a church of a sum of money to be expended in masses for the benefit and repose of one’s soul (Rhymer’s Appeal, 93 Pa. 142) and a legacy to a priest, by name, “for masses to be offered for the repose of my soul,” which is the present case. Counsel for the exceptant has failed to convince us that there is a distinction to be drawn; in fact, in O’Donnell’s Estate, 209 Pa. 63, a bequest to a priest by name, or his successor, for such purpose was [224]*224held to be a “charitable gift,” and void because the will had been executed within thirty days of testator’s death.

We, therefore, dismiss the exceptions and confirm the adjudication absolutely.

Cite This Page — Counsel Stack

Bluebook (online)

2 Pa. D. & C. 223, 1922 Pa. Dist. & Cnty. Dec. LEXIS 240, Counsel Stack Legal Research, https://law.counselstack.com/opinion/loughrans-estate-paorphctphilad-1922.

Opinion

Related

Cite This Page — Counsel Stack