Shuster's Estate

Philadelphia County Orphans' Court

Shuster's Estate

4 Pa. D. & C. 119, 1924 Pa. Dist. & Cnty. Dec. LEXIS 316

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedJanuary 14, 1924

StatusPublished

This text of 4 Pa. D. & C. 119 (Shuster'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

Shuster's Estate, 4 Pa. D. & C. 119, 1924 Pa. Dist. & Cnty. Dec. LEXIS 316 (Pa. Super. Ct. 1924).

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Opinion

Henderson, J.,

— The gift over is “at the death of my niece and nephew the entire estate to go to the children of my niece, Kate M. Haifa, absolutely.” The nephew is dead and Kate M. Haifa, the exceptant, asks that his one-half of the income be awarded to her. There are no words of survivorship, nor is there a gift to a class. The gift over is not at the “respective” deaths of the niece and nephew of one-half the income or principal, but upon the deaths of both, and then of the “entire” fund. The gift of the income to the niece and nephew is not limited to their respective lives, but for their joint lives, and, hence, the nephew’s share of the income is payable to his administratrix during the life of Kate M. Haifa.

The exceptions are dismissed and the adjudication is confirmed absolutely.

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Henderson, J.,

— The gift over is “at the death of my niece and nephew the entire estate to go to the children of my niece, Kate M. Haifa, absolutely.” The nephew is dead and Kate M. Haifa, the exceptant, asks that his one-half of the income be awarded to her. There are no words of survivorship, nor is there a gift to a class. The gift over is not at the “respective” deaths of the niece and nephew of one-half the income or principal, but upon the deaths of both, and then of the “entire” fund. The gift of the income to the niece and nephew is not limited to their respective lives, but for their joint lives, and, hence, the nephew’s share of the income is payable to his administratrix during the life of Kate M. Haifa.

The exceptions are dismissed and the adjudication is confirmed absolutely.

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Bluebook (online)

4 Pa. D. & C. 119, 1924 Pa. Dist. & Cnty. Dec. LEXIS 316, Counsel Stack Legal Research, https://law.counselstack.com/opinion/shusters-estate-paorphctphilad-1924.