Legal Opinion

Ruetschlin's Estate

Supreme Court of Pennsylvania

Decided May 22, 1914No. Appeal, No. 375PublishedCited by 8 opinions

Appeal, No. 375, Jan. T., 1913, by Henry I. Magee, James Magee and George W. Henson, Executors of the Will of Francis Magee, deceased, from the decree of O. C. Philadelphia Co., July T., 1912, No. 116, dismissing exceptions to adjudication in Estate of Henry Ruetschlin, Deceased. Exceptions to adjudication. Before Lamorelle, J. The opinion of the Supreme Court states the facts.

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Appeal, No. 375, Jan. T., 1913, by Henry I. Magee, James Magee and George W. Henson, Executors of the Will of Francis Magee, deceased, from the decree of O. C. Philadelphia Co., July T., 1912, No. 116, dismissing exceptions to adjudication in Estate of Henry Ruetschlin, Deceased. Exceptions to adjudication. Before Lamorelle, J. The opinion of the Supreme Court states the facts. The court dismissed the exceptions in an opinion by Gummey, J. The executors of the will of Francis Magee, deceased, appealed. Errors assigned were in dismissing the exceptions. By the agreement of November 1, 1909,…

1Opinion of the Court

Opinion by

Me. Justice Moschziskeb,

At the adjudication in the estate of Henry Ruetschlin, deceased, the executors of Francis Magee presented several claims; they contended for a preference to the extent of $12,500, by reason of a written agreement existing between their decedent and the one whose estate was under distribution.

By a paper dated November 1, 1909, executed by “Henry I. Magee, trustee for Francis Magee,” and Henry Ruetschlin, it was stipulated that “Upon the sale of ......the plot of ground situated” (no description) Ruetschlin would “give to” Magee “one-half of all money which he…

2Cases cited4 opinions

  1. Lomison v. Faust, Pennsylvania Court of Common Pleas, Fayette County1892
  2. Mollenauer v. SmithSuperior Court of Pennsylvania · 1912
  3. Wolfe's AppealSupreme Court of Pennsylvania · 1885
  4. Wood's EstateSupreme Court of Pennsylvania · 1914

3Cited by8 opinions

  1. Beaver County Building & Loan Ass'n v. WinowichSupreme Court of Pennsylvania · 1936
  2. White's EstateSupreme Court of Pennsylvania · 1936
  3. Ruzyc v. BrownSupreme Court of Pennsylvania · 1935
  4. Estate of Bugh, Decd. Appeal of FickingerSuperior Court of Pennsylvania · 1928
  5. Auerbach v. Corn Exchange Nat. Bank & Trust Co.District Court, E.D. Pennsylvania · 1943

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