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393 Pa. 55

Leaver Estate

Supreme Court of Pennsylvania

Decided March 24, 1958

Supreme Court of Pennsylvania · decided 1958-03-24

Cited by 6 later decisions — most recently June 1968

6 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1958-03-24

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¶1*62Concurring and Dissenting Opinion by

Mr. Justice Cohen:

¶2I dissent from that part of the majority’s decision which holds that the appellant, Mrs. Macpeak, was entitled under her father’s will to the “cash (including bank deposits) of which he died possessed.”

¶3Their conclusion requires a strained interpretation of the provision of the will which bequeaths to Mrs. Macpeak “all articles of private possession.” Certainly this descriptive class would not normally embrace “cash” and I do not believe that the failure to include “cash” among the enumerated items in the exclusionary clause indicates that the testator intended otherwise. Since “cash” could not be considered as an “article of private possession” in the first instance, it was manifestly not necessary specifically to mention this item in the clause of exclusion.

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