Luey's Estate

Philadelphia County Orphans' Court

Luey's Estate

22 Pa. D. & C. 47, 1934 Pa. Dist. & Cnty. Dec. LEXIS 410

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedOctober 26, 1934

Docketno. 1406 of 1934

StatusPublished

This text of 22 Pa. D. & C. 47 (Luey'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

Luey's Estate, 22 Pa. D. & C. 47, 1934 Pa. Dist. & Cnty. Dec. LEXIS 410 (Pa. Super. Ct. 1934).

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Opinion

Van Dusen, J.,

This intestate left nephews and nieces to survive her. First cousins, the children of uncles and aunts, claim to take under the Intestate Act equally with the nephews and nieces. This claim is [48]*48said to be derived from section 11 of the Intestate Act of 1917, which provides that “the children of uncles and aunts shall be entitled to take, by representation, the shares of real and personal estate which their parents would have taken if living”.

Uncles and aunts take under section 10 as descendants of grandparents, and only “in default of all persons hereinbefore described”. Nephews and nieces take under section 9(6) and are among those “hereinbefore described”. As uncles and aunts take nothing where there are nephews and nieces, the children of uncles and aunts can take nothing in their stead.

The exceptions are dismissed, and the adjudication is confirmed absolutely.

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Van Dusen, J.,

This intestate left nephews and nieces to survive her. First cousins, the children of uncles and aunts, claim to take under the Intestate Act equally with the nephews and nieces. This claim is [48]*48said to be derived from section 11 of the Intestate Act of 1917, which provides that “the children of uncles and aunts shall be entitled to take, by representation, the shares of real and personal estate which their parents would have taken if living”.

Uncles and aunts take under section 10 as descendants of grandparents, and only “in default of all persons hereinbefore described”. Nephews and nieces take under section 9(6) and are among those “hereinbefore described”. As uncles and aunts take nothing where there are nephews and nieces, the children of uncles and aunts can take nothing in their stead.

The exceptions are dismissed, and the adjudication is confirmed absolutely.

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Bluebook (online)

22 Pa. D. & C. 47, 1934 Pa. Dist. & Cnty. Dec. LEXIS 410, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lueys-estate-paorphctphilad-1934.