Act creates presumption (Pennsylvania) · Go Syfert
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Act creates presumption in Pennsylvania

9 Pennsylvania opinions name it 7 courts 1948–1996 0 in the last five years

The cases below were cited by Pennsylvania courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (2)

CaseFollowedCited
Harvey Estategreen
pa · 1944 · cited in 5 Pennsylvania opinions naming this issue, 1948–1960
2 sentences

1958The act creates a presumption that a testator intends that proration should be made in accordance with its terms unless his will contains a specific pro vision, clearly expressed, inconsistent with such presumption, and, to accomplish that result, his language must not be of doubtful import: Harvey Estate, 350 Pa. 53, 56, 57 , 38 A. 2d 262, 263 .

1958The act creates a presumption that a testator intends that proration should be made in accordance with its terms unless his will contains a specific pro vision, clearly expressed, inconsistent with such presumption, and, to accomplish that result, his language must not be of doubtful import: Harvey Estate, 350 Pa. 53, 56, 57 , 38 A. 2d 262, 263 .

45
Commonwealth v. Greinergreen
pa · 1978 · cited in 2 Pennsylvania opinions naming this issue, 1980–1996
2 sentences

1996In essence, the Act creates a presumption that the errant juvenile can best be supervised, directed and rehabilitated under its provisions absent evidence to the contrary.” (footnote omitted) Commonwealth v. Greiner, 479 Pa. 364, 370 , 388 A.2d 698, 701 (1978).

1996In essence, the Act creates a presumption that the errant juvenile can best be supervised, directed and rehabilitated under its provisions absent evidence to the contrary.” (footnote omitted) Commonwealth v. Greiner, 479 Pa. 364, 370 , 388 A.2d 698, 701 (1978).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Pennsylvania. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Stadtfeld Estate green
pa · 1948
2 sentences

1960In Stadtfeld Estate, 359 Pa. 147, 152 , 58 A. 2d 478 , Mr. Justice (later Chief Justice) Stern stated: “The Act creates a presumption that a testator intends that proration should be made in accordance with its [the Act’s] terms unless his will contains a specific provision, clearly expressed, inconsistent with such pre sumption, and, to accomplish that result, his language must not be of doubtful import . . . .”.

1960In Stadtfeld Estate, 359 Pa. 147, 152 , 58 A. 2d 478 , Mr. Justice (later Chief Justice) Stern stated: “The Act creates a presumption that a testator intends that proration should be made in accordance with its [the Act’s] terms unless his will contains a specific provision, clearly expressed, inconsistent with such pre sumption, and, to accomplish that result, his language must not be of doubtful import . . . .”.

31948–1960
Leaver Estate neutral
pa · 1958
2 sentences

1968The Act creates a presumption that a testator intends that proration should be made in accordance with its terms unless his will contains a specific provision, clearly expressed, inconsistent with such presumption, and, to accomplish that result, his language must not be of doubtful import. . . .” See also Leaver Estate, 393 Pa. 55 .

1960To the same effect, see: Harvey Estate, 350 Pa. 53, 56, 57 , 38 A. 2d 262 ; Wahr Estate, 370 Pa. 382 , 88 A. 2d 417 ; Edwards Estate, 377 Pa. 606, 608 , 105 A. 2d 312 ; Leaver Estate, 393 Pa. 55, 61 , 142 A. 2d 165 . 6 In Wright Estate, 391 Pa. 405, 410 , 138 A. 2d 102 , Chief Justice Jones, speaking for this Court said: “The requirement of a like testamentary direction or indication in order to place the burden of the federal estate taxes on the residuary estate grew out of this State’s first apportionment Act (1937), which was superseded and repealed by the present Estate Tax Apportionment A

21960–1968
Morris v. Musser green
pacommwct · 1984
2 sentences

1985Morris v. Musser, 84 Pa. Commonwealth Ct. 170 , 478 A.2d 937 (1984).

1985Morris v. Musser, 84 Pa. Commonwealth Ct. 170 , 478 A.2d 937 (1984).

11985–1985
Edwards Estate green
pa · 1954
2 sentences

1960To the same effect, see: Harvey Estate, 350 Pa. 53, 56, 57 , 38 A. 2d 262 ; Wahr Estate, 370 Pa. 382 , 88 A. 2d 417 ; Edwards Estate, 377 Pa. 606, 608 , 105 A. 2d 312 ; Leaver Estate, 393 Pa. 55, 61 , 142 A. 2d 165 . 6 In Wright Estate, 391 Pa. 405, 410 , 138 A. 2d 102 , Chief Justice Jones, speaking for this Court said: “The requirement of a like testamentary direction or indication in order to place the burden of the federal estate taxes on the residuary estate grew out of this State’s first apportionment Act (1937), which was superseded and repealed by the present Estate Tax Apportionment A

1960To the same effect, see: Harvey Estate, 350 Pa. 53, 56, 57 , 38 A. 2d 262 ; Wahr Estate, 370 Pa. 382 , 88 A. 2d 417 ; Edwards Estate, 377 Pa. 606, 608 , 105 A. 2d 312 ; Leaver Estate, 393 Pa. 55, 61 , 142 A. 2d 165 . 6 In Wright Estate, 391 Pa. 405, 410 , 138 A. 2d 102 , Chief Justice Jones, speaking for this Court said: “The requirement of a like testamentary direction or indication in order to place the burden of the federal estate taxes on the residuary estate grew out of this State’s first apportionment Act (1937), which was superseded and repealed by the present Estate Tax Apportionment A

11960–1960
Wright Estate green
pa · 1958
2 sentences

1960To the same effect, see: Harvey Estate, 350 Pa. 53, 56, 57 , 38 A. 2d 262 ; Wahr Estate, 370 Pa. 382 , 88 A. 2d 417 ; Edwards Estate, 377 Pa. 606, 608 , 105 A. 2d 312 ; Leaver Estate, 393 Pa. 55, 61 , 142 A. 2d 165 . 6 In Wright Estate, 391 Pa. 405, 410 , 138 A. 2d 102 , Chief Justice Jones, speaking for this Court said: “The requirement of a like testamentary direction or indication in order to place the burden of the federal estate taxes on the residuary estate grew out of this State’s first apportionment Act (1937), which was superseded and repealed by the present Estate Tax Apportionment A

1960To the same effect, see: Harvey Estate, 350 Pa. 53, 56, 57 , 38 A. 2d 262 ; Wahr Estate, 370 Pa. 382 , 88 A. 2d 417 ; Edwards Estate, 377 Pa. 606, 608 , 105 A. 2d 312 ; Leaver Estate, 393 Pa. 55, 61 , 142 A. 2d 165 . 6 In Wright Estate, 391 Pa. 405, 410 , 138 A. 2d 102 , Chief Justice Jones, speaking for this Court said: “The requirement of a like testamentary direction or indication in order to place the burden of the federal estate taxes on the residuary estate grew out of this State’s first apportionment Act (1937), which was superseded and repealed by the present Estate Tax Apportionment A

11960–1960
Wahr Estate green
pa · 1952
2 sentences

1960To the same effect, see: Harvey Estate, 350 Pa. 53, 56, 57 , 38 A. 2d 262 ; Wahr Estate, 370 Pa. 382 , 88 A. 2d 417 ; Edwards Estate, 377 Pa. 606, 608 , 105 A. 2d 312 ; Leaver Estate, 393 Pa. 55, 61 , 142 A. 2d 165 . 6 In Wright Estate, 391 Pa. 405, 410 , 138 A. 2d 102 , Chief Justice Jones, speaking for this Court said: “The requirement of a like testamentary direction or indication in order to place the burden of the federal estate taxes on the residuary estate grew out of this State’s first apportionment Act (1937), which was superseded and repealed by the present Estate Tax Apportionment A

1960To the same effect, see: Harvey Estate, 350 Pa. 53, 56, 57 , 38 A. 2d 262 ; Wahr Estate, 370 Pa. 382 , 88 A. 2d 417 ; Edwards Estate, 377 Pa. 606, 608 , 105 A. 2d 312 ; Leaver Estate, 393 Pa. 55, 61 , 142 A. 2d 165 . 6 In Wright Estate, 391 Pa. 405, 410 , 138 A. 2d 102 , Chief Justice Jones, speaking for this Court said: “The requirement of a like testamentary direction or indication in order to place the burden of the federal estate taxes on the residuary estate grew out of this State’s first apportionment Act (1937), which was superseded and repealed by the present Estate Tax Apportionment A

11960–1960

Where else courts name it

IL 12 (1992–2025) PA 9 (1948–1996) KS 2 (2006–2009) TX 2 (2018–2022) CA 2 (1944–2025)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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