Thompson's Estate

Philadelphia County Orphans' Court

Thompson's Estate

10 Pa. D. & C. 69, 1928 Pa. Dist. & Cnty. Dec. LEXIS 363

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedJanuary 20, 1928

DocketNo. 2459

StatusPublished

This text of 10 Pa. D. & C. 69 (Thompson'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

Thompson's Estate, 10 Pa. D. & C. 69, 1928 Pa. Dist. & Cnty. Dec. LEXIS 363 (Pa. Super. Ct. 1928).

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Opinion

Henderson, J.,

A careful examination of the record and of the briefs convinces us that the action of the Auditing Judge is correct and for the reasons given by him. Section 15 (b) of the Wills Act of June 7, 1917, P. L. 403, is remedial and should be liberally construed.

The doctrine of Minter’s Appeal, 40 Pa. 111, is followed in many other jurisdictions: See 3 Am. Law Reps. 1682.

We must presume that the testator knew the law, and, hence, if he had a doubt as to whether his nephew, John Lynn, survived the execution of the [71]*71will, he knew that at least the nephew’s children would be substituted under this doctrine.

The exceptions are dismissed and the adjudication is confirmed absolutely.

Lamorelle, P. J., was absent.

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