Public-domain · open source
OpenJurist

53 Pa. Super. 57

Henry's Estate

Superior Court of Pennsylvania

Decided February 27, 1913

Superior Court of Pennsylvania · decided 1913-02-27

Appeal, No. 3, Oct. T., 1912, by Mary A. Henry, from decree of O. C. Phila. Co., Jan. Term, 1910, No. 34, vacating a decree to pay over money in Estate of John Henry, deceased. Petition to vacate an order to pay over money.

Relies on Mulliken v. Earnshaw

Affirmed · Decided 1913-02-27

Per Curiam,

¶1We are of opinion that the orphans’ court correctly held that, according to the doctrine of the later cases, particularly Mulliken v. Earnshaw, 209 Pa. 226, the remainders created by the will of John Henry, deceased, were contingent, and, therefore, that the decree of April 1, 1911, was improvidently entered. The decree vacating it, from which this appeal was taken, is affirmed for the reasons given in the opinion of the orphans’ court. •

/53/pasuper/57 · .json · Public domain