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268 Pa. 379

Dailey's Estate

Supreme Court of Pennsylvania

Decided December 31, 1920

Supreme Court of Pennsylvania · decided 1920-12-31

Appeal, No. 164, Oct. T., 1920, by Alma B. Dailey, widow of Frank K. Dailey, from decree of O. C. Cambria Co., sustaining exceptions to widow’s appraisement in interest of Frank Kennedy Dailey, deceased, in estate of Jennie Kennedy Dailey, deceased. Exceptions to widow’s appraisement. The opinion of the Supreme Court states the facts. The court sustained the exceptions. Alma B. Dailey, widow of Frank Kennedy Dailey, appealed.

Good law ✅— No negative treatment on recordhow we know

Affirmed · Decided 1920-12-31

How this case has been cited

Cited by 11 later decisions — most recently January 1961

11 state decisions

6019201930194019501960decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam,

¶1This appellant, Alma B. Dailey, is the widow of Frank K. Dailey, who was the son of Jennie K. Dailey, and her claim is that her husband took a vested interest in his mother’s estate. The testatrix, after making provision for an income for her son for life, directed as follows: “After the death of my son, Frank Kennedy Dailey, I will and direct that the one half of my estate then remaining be given to my sister Josephine Kennedy, and the balance to be divided under the intestate laws of Pennsylvania.” Alma B. Dailey, not being of the blood of the testatrix, takes nothing from her under her will, and the decree of the court so holding is affirmed, at her costs, upon the following from its opinion dismissing her petition for an appraisement: “It is very clear *381that the word ‘then’ in this will is used as an adverb of time, and we are of the opinion that it was the intention of the testatrix, as disclosed by her will, to devise the remainder of her estate to those who would be her heirs at the expiration of the......particular estate given to her son Frank Kennedy Dailey during the term of his natural life, and not to those who were her heirs at the time of her death.”

¶2Decree affirmed.

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