Legal Opinion

Turner's Estate

Supreme Court of Pennsylvania

Decided April 29, 1895No. Appeal, No. 142PublishedCited by 5 opinions

Appeal, No. 142, Jan. T., 1895, by Virginia Whitney, from decree of O. C. Luzerne Co., No. 59 of 1892, dismissing exceptions to adjudication. Exceptions to adjudication. At the audit, it appeared that testator died on Feb. 1, 1892, leaving a will by which he gave a legacy of $2,500 to Virginia Preston, who subsequently became Virginia Whitney. It was claimed that this legacy which was for services had been paid and satisfied by testator in his lifetime.

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Appeal, No. 142, Jan. T., 1895, by Virginia Whitney, from decree of O. C. Luzerne Co., No. 59 of 1892, dismissing exceptions to adjudication. Exceptions to adjudication. At the audit, it appeared that testator died on Feb. 1, 1892, leaving a will by which he gave a legacy of $2,500 to Virginia Preston, who subsequently became Virginia Whitney. It was claimed that this legacy which was for services had been paid and satisfied by testator in his lifetime. The auditing judge, whose name was not stated in the paper-books, reported as follows: “ The payment of the legacies to Virginia Preston, now…

1Opinion of the Court

Per Curiam,

An examination of this record has satisfied us that the learned judge’s findings of fact, rulings on questions of evidence and conclusions of law, complained of in the assignments of error, are substantially correct. There is nothing in either of the specifications that requires a reversal or modification of the decree, and they are therefore dismissed.

Decree affirmed and appeal dismissed with costs to be paid by appellant.

2Cited by5 opinions

  1. LaRocca v. State Farm Mutual Automobile InsuranceDistrict Court, W.D. Pennsylvania · 1969
  2. Rhein v. WheltleCourt of Appeals of Maryland · 1955
  3. York v. United StatesCourt of Appeals for the Eighth Circuit · 1915
  4. Berger v. Wood, Pennsylvania Court of Common Pleas, Monroe County1975
  5. Lemly Estate, Pennsylvania Court of Common Pleas, Montgomery County1978

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