Legal Opinion

Donohoe's Estate

Supreme Court of Pennsylvania

Decided January 3, 1922No. Appeals, Nos. 66 and 71PublishedCited by 15 opinions

Appeals, Nos. 66 and 71, Oct. T., 1921, by Bichard Donohoe, Agnes D. Ewing and Thomas Donohoe, from decree of O. O. Westmoreland Co., Nov. T., 1920, No. 61, dismissing exceptions to adjudication, in Estate of Cecelia Donohoe, deceased. Exceptions to adjudication. The opinion of the Supreme Court states the facts. Exceptions dismissed. Richard Donohoe and Agnes E. Ewing and Thomas Donohoe, legatees, appealed.

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Appeals, Nos. 66 and 71, Oct. T., 1921, by Bichard Donohoe, Agnes D. Ewing and Thomas Donohoe, from decree of O. O. Westmoreland Co., Nov. T., 1920, No. 61, dismissing exceptions to adjudication, in Estate of Cecelia Donohoe, deceased. Exceptions to adjudication. The opinion of the Supreme Court states the facts. Exceptions dismissed. Richard Donohoe and Agnes E. Ewing and Thomas Donohoe, legatees, appealed. Errors assigned, among others, were decree dismissing exceptions, and rejection of evidence recited in opinion of Supreme Court, quoting record.

1Opinion of the Court

Opinion by

Mr. Justice Walling,

Cecelia Donohoe died testate in 1919, leaving eight children, whose father had died in 1899. Rev. Richard Donohoe, one of the children, here called the claimant, received from his father’s estate an annual income of about $1,500, in the form of checks for dividends, interest, etc. He was engaged in educational work as college president, without need of the income, and delivered the checks therefor, properly endorsed, to his mother who mingled the same with her other funds; all of which she used as her own and for her own purposes. The claimant’s understanding of…

2Cases cited8 opinions

  1. Gilbraith's EstateSupreme Court of Pennsylvania · 1921
  2. Hertzog v. HertzogSupreme Court of Pennsylvania · 1857
  3. Robinson v. PowellSupreme Court of Pennsylvania · 1904
  4. American Underwriter's Ass'n v. GeorgeSupreme Court of Pennsylvania · 1881
  5. In re Estate of BryceSupreme Court of Pennsylvania · 1899

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3Cited by15 opinions

  1. Roberts EstateSupreme Court of Pennsylvania · 1944
  2. Hirst's EstateSupreme Court of Pennsylvania · 1922
  3. Reynolds, Exrx. v. Williams, Exec.Supreme Court of Pennsylvania · 1924
  4. Cramer v. McKinneySupreme Court of Pennsylvania · 1946
  5. Lineaweaver's EstateSupreme Court of Pennsylvania · 1925

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