Appeal of Magoohan
Supreme Court of Pennsylvania
FROM THE DECREE OF'THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 35 July Term 1886, Sup. Ct.; court below, No. 511 October Term 1883, O. C. This contention arose in the court below in the adjudication of the second account of Mr. John H. Campbell, executor of the will of Mrs. Annie Fitzpatrick, deceased.
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FROM THE DECREE OF'THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 35 July Term 1886, Sup. Ct.; court below, No. 511 October Term 1883, O. C. This contention arose in the court below in the adjudication of the second account of Mr. John H. Campbell, executor of the will of Mrs. Annie Fitzpatrick, deceased. On January 8,1886, before William B. Hanna, P. J., auditing judge, the following facts appeared: Annie Fitzpatrick, the wife of William Fitzpatrick, died leaving a will, dated January 19,1882, which after her death .was duly admitted to probate and letters issued thereon. In her will the…
1Opinion of the Court
Opinion,
Mr. Chief Justice Gobdon:
After giving this case our very careful attention, we fail to understand why the conclusion of the auditing judge was not adopted by the court below. By the codicil of the 2d of February, 1882, the trunk and its contents were bequeathed to Mary Magoohan, and that that bequest, without more, did vest in her a good title, not only to the trunk, but also to its contents, is not a matter of doubt or question. What then is there in this case to defeat her right ? The paper which she, Mary Magoohan, after the testator’s death found in the trunk? — but certainly that…
2Cases cited1 opinion
- Baker's AppealSupreme Court of Pennsylvania · 1884
3Cited by2 opinions
- Montague v. SchieffelinOregon Supreme Court · 1905
- May EstatePennsylvania Orphans' Court, Lycoming County · 1962