O'Donnell's Estate

Citations

• 209 Pa. 63
• 58 A. 120
• 1904 Pa. LEXIS 557

Syllabus

<p>Will—Charitable bequest—Masses for repose of soul—Act of April 26, 1855, P. L. 328.</p> <p>While a gift to a legatee by name will not be held to be for a religious or charitable use merely from the professional character of the legatee, yet if it was to him in such character and for such use, the fact that it was to him absolutely and by name will not protect it from the operation of the act of 1855.</p> <p>A devise and bequest of an estate to “Rev. Richard Kennahan, or his successor of the St. Matthew’s Church óf Conshohoelten, Pennsylvania, for the purposes of saying masses for myself, my now wife Ellen, and my deceased wife, Mary,” is a charitable gift, and if made within thirty days from the death of the testator, void under the Act of April 26, 1855, P. L. 328.</p>