104 Pa. 571 (Pa. 1884), Appeal of McKee

Citation:104 Pa. 571
Opinion Judge:Mr. Justice CLARK
Party Name:McKee's Appeal.
Attorney:James W. Collins, for the appellant J. A. Evans, for appellee Decree affirmed, and it is ordered that the costs of this appeal be paid by the appellant.
Judge Panel:Before MERCUR, C. J., GORDON, PAXSON, TRUNKEY, STERRETT, GREEN and CLARK, JJ.
Case Date:January 07, 1884
Court:Supreme Court of Pennsylvania
 
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Page 571

104 Pa. 571 (Pa. 1884)

McKee's Appeal.

Supreme Court of Pennsylvania.

January 7, 1884

November 7, 1883

1. In a bequest of personalty, unless a contrary intention is indicated by the will, the word " heirs" signifies the testator's heirs as ascertained by the statute of distribution.

2. A testator, in his will, drawn by himself, directed his executors to sell his real estate, and divide the proceeds as follows: " To all my living heirs an equal share, that is, share and share alike, that is, to my daughter, Eliza A. Crombie and children, Rachel J. McKee and her children, Mary Ann Craig's two children, equal shares."

Held, that the word " children" in connection with the bequests to Eliza A. Crombie and Rachel J. McKee, was not a word of purchase, and, therefore, that said legatees were entitled to take under the will, to the exclusion of their children.

Before MERCUR, C. J., GORDON, PAXSON, TRUNKEY, STERRETT, GREEN and CLARK, JJ.

APPEAL from the Orphans' Court of Allegheny county: Of October Term 1883, No. 216.

Appeal of Samuel H. McKee from a decree of said court dismissing the petition of the administrator d. b. n. c. t. a. of Samuel Henry, deceased, for leave to sell certain real estate.

The petition set forth the death of Samuel Henry, the testator, on or about June 25th 1871; that by his will, which was drawn by his own hand and was without date, he directed his real estate, in Allegheny county, to be sold by his executors at any time within five years after his widow's death, either at public or private sale, and the proceeds thereof to be divided as follows: " to all my living heirs an equal share, that is share and share alike, that is to my daughter Eliza A. Crombie and children, Rachel J. McKee and her children; Mary Ann Craig's two children equal shares; " that at the time testator made his will, Eliza A. Crombie had issue living, three children, and Rachel J. McKee had issue living, two children, all of whom were still surviving except Elmira E., daughter of Rachel J. McKee, who was intermarried with William McKinney, and died intestate, leaving issue a child, Lulu J. McKinney.

The petitioner, who succeeded the executors appointed by the will, assuming that the children of Eliza A. Crombie and Rachel J. McKee were parties interested under the will in the proceeds of the testator's real estate, prayed for an order to sell...

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