Lackawanna Legal News (Volume 2)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1897 Excerpt: ... tinction, he did not fail, but merely did not succeed. It was necessary, with this record behind him, that he should offer an explanation of his tardy awakening to a sense of the responsibilities of his office. He did this by declaring that the will, when read on the day of the funeral, was garbled in the reading, and that he was misled as to its meaning. He was, however, fifty years old at that date, and he could at any moment thereafter have consulted it himself at the office of the register. Some slight show of respectability might have been lent to his scheme if he had secured the concurrence of the remaining co-trustee. That gentleman, however, had kept himself informed of the management of the trust estate by the widow, and was entirely satisfied with its results. To leave nothing untouched which was urged by the respondent, it is proper to say that, in the matter of a house and lot devised to the widow for life, with reversion in fee if she should survive the respondent, it was charged that the life-tenant had not kept down the interest upon the incumbrances. Her answer was, and it was uncontradicted, that the income was insufficient, and that she had offered to convey to the respondent all her title and interest in the premises. And now. May 2, 1896, the injunction is made perpetual.--County Court Reports. Turner's Estate. Orphans' Court Philadelphia Co., Julv Term, 1895, No. 209. Wills--Legacies--Legatees of same name--Presumption in favor of next of kin. It is a natural presumption that as between two persons of the same name but of different degrees of relationship, a testator in bequeathing a legacy intends it for his nearest of kin. It follows, therefore, that where a nephew and a grand-nephew both bear the same name, a legacy to a person of th...