Weaver v. Shevitz

This is a suit for foreclosure of a real estate mortgage. The only question is whether the plaintiff is the real party in interest.

The mortgage was executed in 1917 to William Miller, a resident of Pennsylvania. Mr. Miller died in a few months and his will was probated in the orphans’ court of his domicile. Some time later his widow and children executed a distribution agreement different from the terms of the will and providing that the estate be assigned to the Armstrong County Trust Company to pay debts and hold the balance, the income to be paid the mother during her lifetime and at her…