Pereira's Estate

Philadelphia County Orphans' Court

Pereira's Estate

27 Pa. D. & C. 335, 1936 Pa. Dist. & Cnty. Dec. LEXIS 106

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedOctober 30, 1936

Docketno. 3180 of 1934

StatusPublished

This text of 27 Pa. D. & C. 335 (Pereira'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

Pereira's Estate, 27 Pa. D. & C. 335, 1936 Pa. Dist. & Cnty. Dec. LEXIS 106 (Pa. Super. Ct. 1936).

Pincite

Opinion

Stearne, J.,

Exceptant, by indirection, seeks to accomplish what section 18 of the Wills Act of 1917 expressly forbids. She endeavors to enhance the value of a devise of an interest in real estate, which was subject to a mortgage, by paying off the mortgage and presenting a claim in subrogation for the amount owed by decedent. The auditing judge, in a well-considered opinion, dismissed the claim. For the reasons given by him, and under the authorities cited, we unanimously concur in his conclusion. No useful purpose will be served by elaborating upon his adjudication.

The exceptions are dismissed and the adjudication is confirmed absolutely.

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

Stearne, J.,

Exceptant, by indirection, seeks to accomplish what section 18 of the Wills Act of 1917 expressly forbids. She endeavors to enhance the value of a devise of an interest in real estate, which was subject to a mortgage, by paying off the mortgage and presenting a claim in subrogation for the amount owed by decedent. The auditing judge, in a well-considered opinion, dismissed the claim. For the reasons given by him, and under the authorities cited, we unanimously concur in his conclusion. No useful purpose will be served by elaborating upon his adjudication.

The exceptions are dismissed and the adjudication is confirmed absolutely.

Cite This Page — Counsel Stack

Bluebook (online)

27 Pa. D. & C. 335, 1936 Pa. Dist. & Cnty. Dec. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/pereiras-estate-paorphctphilad-1936.