introductory clause (Pennsylvania) · Go Syfert
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introductory clause in Pennsylvania

9 Pennsylvania opinions name it 4 courts 1826–2023 1 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 (1)

CaseFollowedCited
White v. Associates in Counseling and Child Guidance, Inc.green
pacommwct · 2001 · cited in 1 Pennsylvania opinions naming this issue, 2005–2005
1 sentence

2005The non-profit corporation still retains the ultimate authority to restrict that power through an appropriate bylaw provision, as provided in the introductory clause. [1] See White v. Associates in Counseling & Child Guidance, Inc., 767 A.2d 638, 642 (Pa.Cmwlth.2001) (object of statutory construction is to ascertain and give effect to legislative intent and courts must give effect to all statutory provisions so that none are rendered mere surplusage). [2] Section 5504(a) of the Law grants ultimate authority to the members to alter bylaws: The members entitled to vote shall have the power to ad

11

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 (9)

CaseCitedYears
Commonwealth v. Carson green
pa · 2006
1 sentence

2023Cotntnonwealth v, Carson, 913 A.2d 220 ( Pa. 2006) (Trial court did not abuse its discretion or show partiality when it questioned awitness on his motives). 12 Additionally, the jury was well aware that this Court was not questioning Wise's credibility because of this Court's introductory instruction.

12023–2023
Pennsylvania Associated Builders & Contractors, Inc. v. Commonwealth Department of General Services green
pa · 2007
1 sentence

2013Id.

12013–2013
George Whalley Co. v. National City Bank green
ohioctapp · 1977
2 sentences

1985The only sensible reading of “the item” in subsection (c) would therefore be that it refers to any item to which the bank is attempting to apply “the preclusion of subsection (b).” The bank points out that a court in Ohio has held that “the item” in section 4406(c) refers to “the first item” George Whalley Company v. National City Bank of Cleveland, 55 Ohio App.2d 205 , 380 N.E.2d 742 (1977).

1985The only sensible reading of “the item” in subsection (c) would therefore be that it refers to any item to which the bank is attempting to apply “the preclusion of subsection (b).” The bank points out that a court in Ohio has held that “the item” in section 4406(c) refers to “the first item” George Whalley Company v. National City Bank of Cleveland, 55 Ohio App.2d 205 , 380 N.E.2d 742 (1977).

11985–1985
Miles v. Gallagher neutral
pasuperct · 1961
2 sentences

1974Miles v. Gallagher, 194 Pa. Superior Ct. 338 , 168 A. 2d 805 (1961).

1974Miles v. Gallagher, 194 Pa. Superior Ct. 338 , 168 A. 2d 805 (1961).

11974–1974
Cudahy v. First Wisconsin Trust Co. green
wis · 1947
2 sentences

1959A similar conclusion was reached by the Supreme Court of Wisconsin in In re Cudahy’s Will, 251 Wis. 116 , 28 N. W. 2d 340 .

1959A similar conclusion was reached by the Supreme Court of Wisconsin in In re Cudahy’s Will, 251 Wis. 116 , 28 N. W. 2d 340 .

11959–1959
Conner's Estate green
pa · 1931
2 sentences

1942The introductory clause reads: “I give and bequeath all I may die Possessed of to my three Children.” True, she then makes an absolute devise of No. 7056 Germantown Avenue to Norman: Conner’s Est., 302 Pa. 534 , 153 A. 730 .

1942The introductory clause reads: “I give and bequeath all I may die Possessed of to my three Children.” True, she then makes an absolute devise of No. 7056 Germantown Avenue to Norman: Conner’s Est., 302 Pa. 534 , 153 A. 730 .

11942–1942
M'Cullough's Heirs v. Gilmore neutral
pa · 1849
1 sentence

1895In McCullough v. Gilmore, 11 Pa. 370 , where substantially the same expression was used, this court said: “ These words, and the like of them, are generally carried down into the corpus of the will, to show that the testator meant to dispose of his whole interest in a particular devise, unless words are used which plainly indicate an intent to limit it.” Numerous cases to the same effect are cited in Schriver v. Meyer, 19 Pa. 87 .

11895–1895
Schriver v. Meyer neutral
pa · 1852
1 sentence

1895In McCullough v. Gilmore, 11 Pa. 370 , where substantially the same expression was used, this court said: “ These words, and the like of them, are generally carried down into the corpus of the will, to show that the testator meant to dispose of his whole interest in a particular devise, unless words are used which plainly indicate an intent to limit it.” Numerous cases to the same effect are cited in Schriver v. Meyer, 19 Pa. 87 .

11895–1895
Cook v. Holmes neutral
mass · 1814
1 sentence

1826The devise, in question was in these words,I give to my sons John, James, and William, all my other lands lying in Sudbury.”- Mr. Justice Sedgwick, who delivered the opinion of the court, said, “We are inquiring for the intention of the testator, and it is clear, from avi,ew of the whole interest, the preamble, the provision he makes for. his children, and the ultimate disposition of the residue, that he intended a complete disposal of all the property he should .leave behind him; and I have no doubt he intended his sons should take an estate of inheritance.” To the same purpose is Cook and ot

11826–1826

Where else courts name it

CA 35 (1894–2026) NY 16 (1847–2022) IL 11 (1897–2019) MO 10 (1903–2022) GA 10 (1982–2026) PA 9 (1826–2023) TX 8 (1989–2024) FL 8 (1981–2023) WA 6 (2004–2015) LA 6 (1973–2016) CT 4 (1969–2022) MI 4 (1945–2023) TN 4 (1917–1999) MD 4 (1913–2020) NM 3 (2006–2023) KY 3 (1958–2010) WY 3 (2001–2022) NJ 3 (1952–2003) MA 3 (1971–2024) OK 3 (1964–2004) OH 3 (1990–2023) KS 2 (1981–2020) WV 2 (1911–1990) NE 2 (2022–2022) RI 2 (2000–2022) WI 2 (1985–2011) DE 2 (1997–2019) VA 2 (1988–2022) CO 2 (1933–1998) ME 2 (1978–1984) SD 2 (2015–2025) IA 2 (1941–1941)

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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