Vandervoort's Estate

Philadelphia County Orphans' Court

Vandervoort's Estate

23 Pa. D. & C. 525, 1935 Pa. Dist. & Cnty. Dec. LEXIS 155

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedMay 3, 1935

Docketno. 3782 of 1934

StatusPublished

This text of 23 Pa. D. & C. 525 (Vandervoort'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

Vandervoort's Estate, 23 Pa. D. & C. 525, 1935 Pa. Dist. & Cnty. Dec. LEXIS 155 (Pa. Super. Ct. 1935).

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Opinion

Van Dusen, J.,

Testatrix gave a legacy “to any servant who has been continuously in my employ for three years immediately preceding my death, and who is still in my employ at the time of my death.” A claim was made for one of these legacies by the neighborhood handyman. During the part of the year that the testatrix lived in town he attended to the furnace, cleaned the steps, carried the laundry, helped with the housecleaning, cleaned the cellar and occasionally carried heavy loads upstairs. He was paid a weekly sum. He did the same kind of work for eight or nine other houses in the neighborhood. We do not think that the testatrix intended to include him as a legatee.

The services of the claimant were, on the whole, specific, marked out by the terms of his employment, and were not general, subject to direction and variation from time to time by the employer: See Skeer’s Estate, 30 Dist. R. 108.

The exceptions are dismissed and the adjudication is confirmed absolutely.

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Van Dusen, J.,

Testatrix gave a legacy “to any servant who has been continuously in my employ for three years immediately preceding my death, and who is still in my employ at the time of my death.” A claim was made for one of these legacies by the neighborhood handyman. During the part of the year that the testatrix lived in town he attended to the furnace, cleaned the steps, carried the laundry, helped with the housecleaning, cleaned the cellar and occasionally carried heavy loads upstairs. He was paid a weekly sum. He did the same kind of work for eight or nine other houses in the neighborhood. We do not think that the testatrix intended to include him as a legatee.

The services of the claimant were, on the whole, specific, marked out by the terms of his employment, and were not general, subject to direction and variation from time to time by the employer: See Skeer’s Estate, 30 Dist. R. 108.

The exceptions are dismissed and the adjudication is confirmed absolutely.

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Bluebook (online)

23 Pa. D. & C. 525, 1935 Pa. Dist. & Cnty. Dec. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vandervoorts-estate-paorphctphilad-1935.