Estate of Powell

Citations

• 138 Pa. 322
• 22 A. 92
• 1890 Pa. LEXIS 1280

Syllabus

<p>1. When the decree of the Orphans’ Court is right, the opinion delivered and to which errors are assigned is of little consequence; the Supreme Court will not reverse a decree because of a wrong reason given. Hence, it is always safer to assign error to the decree, rather than to the opinion alone.</p> <p>(a) By his will, a testator bequeathed legacies to the amount of $5,000 to his daughter and two sisters, providing: “ For the payment of the above funeral expenses and $5,000 to my daughter and sisters, I desire my executors to sell a sufficient number of my shares of stock.to pay the same within nine months: ”</p> <p>2. One of the sisters having died without issue before the testator, and there being a residuary legatee, the lapsed legacy did not fall to the daughter as in an intestacy; nor was there given an additional bequest of $5,000 to the daughter and sisters by the clause quoted providing for the sale of the stock.</p>