CRAIGHEAD ESTATE

No. 620 of 1927.

2 Pa. D. & C. 2d 301 (1955)

Craighead Estate

Common Pleas Court of Philadelphia County, Pennsylvania.

March 10, 1955.


Attorney(s) appearing for the Case

Harold J. Conner, for exceptants.

Langdon W. Harris, Jr., contra.

Before Klein, P. J., Bolger, Hunter, Lefever, Saylor and Shoyer, JJ.


LEFEVER, J., March 10, 1955.

We all agree with Judge Saylor (the auditing judge) that the will directs distribution of the fund before the court, per capita among testator's grandchildren, great-grandchildren and great-great-grandchildren; and not per stirpes among testator's grandchildren.

There is a sharp split of authority where the words "issue" or "descendants" are used, unconfined by any indication of intention, whether the children take...

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