Roberts v. Moorhead

Supreme Court of Pennsylvania

Roberts v. Moorhead

107 A. 701, 264 Pa. 299, 1919 Pa. LEXIS 641

CourtSupreme Court of Pennsylvania

DecidedApril 14, 1919

DocketAppeal, No. 181

StatusPublished

This text of 107 A. 701 (Roberts v. Moorhead) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roberts v. Moorhead, 107 A. 701, 264 Pa. 299, 1919 Pa. LEXIS 641 (Pa. 1919).

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Opinion

Per Curiam,

We concur in the view expressed by the learned court' below in disposing of this case, that by the provision in testator’s will where he directs that in case any of his children should die without leaving issue at the time of his death, the evident intention of testator was that the share of such child should be paid to the survivor or survivors of them; that the words “after the death of my sons and daughters” cannot be taken to mean after the death of all of them, as otherwise we would have the testator directing a share to be paid to the survivors of his children when there could in the natural order be none surviving. Such other features of the will as provoked discussion were very carefully considered and properly adjudged. Nothing can be profitably added to the clear and convincing opinion of the learned court below, and on that opinion the decree of the court is affirmed.

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Per Curiam,

We concur in the view expressed by the learned court' below in disposing of this case, that by the provision in testator’s will where he directs that in case any of his children should die without leaving issue at the time of his death, the evident intention of testator was that the share of such child should be paid to the survivor or survivors of them; that the words “after the death of my sons and daughters” cannot be taken to mean after the death of all of them, as otherwise we would have the testator directing a share to be paid to the survivors of his children when there could in the natural order be none surviving. Such other features of the will as provoked discussion were very carefully considered and properly adjudged. Nothing can be profitably added to the clear and convincing opinion of the learned court below, and on that opinion the decree of the court is affirmed.

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Bluebook (online)

107 A. 701, 264 Pa. 299, 1919 Pa. LEXIS 641, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roberts-v-moorhead-pa-1919.