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BURLEIGH ESTATE. (12/05/61)

December 5, 1961

BURLEIGH ESTATE.


Appeals, Nos. 183 and 184, March T., 1961, from decree of Orphans' Court of Allegheny County, No. 3496 of 1944, in re estate of Clarence Burleigh, deceased. Decree affirmed; reargument refused December 29, 1961.

COUNSEL

J. Murray Egan, with him Donald W. Shaffer, and Weller, Wicks and Wallace, for appellants.

James C. Evans, with him Evans, Ivory & Evans, for appellees.

Before Bell, C.j., Musmanno, Jones, Cohen, Eagen and Alpern, JJ.

Author: Bell

[ 405 Pa. Page 374]

OPINION BY MR. CHIEF JUSTICE BELL.

Clarence Burleigh died testate on February 25, 1923, leaving a last will dated November 5, 1919. The question involved: What shares did various heirs take under the Fifth paragraph of Burleigh's will?

Testator, in the Fifth paragraph of his will, gave (a) his son income for life, (b) at his son's death, maintenance and support to his widow for life, (c) maintenance and support during their minority for children of his son living at his death, and (d) after said children reach 21, balance of the net income to them for life.

[ 405 Pa. Page 375]

The Fifth paragraph then relevantly provides:

"And after the death of my said son, my said daughter in law, and of all said children of my said son living at the time of my death, then my said trustees shall assign transfer and convey, all of my estate then remaining and being in their hands, equally to my said brother and sister, or their heirs,*fn1 in fee simple, absolutely and unconditionally."

This was a strange will because the testator after giving certain grandchildren income for life, gave, for reasons known only to himself, the principal, not to their children or issue, but to his brother and sister or their heirs.

Testator at the time of the execution of his will was 66 years old. He had a son, Clarence Burleigh, Jr., who was 40 years of age and was married to Marguerite Brown Burleigh. They had 3 children - Ida Jeanette Burleigh Elterich, who was 15 years of age; Clarence Burleigh, III, who was 10 years of age; and Florence Burleigh Edwards, who was 6 years of age. Testator also had a sister, Minnie B. Ferguson, 48 years of ...


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