Legal Opinion

Davies' Estate

Superior Court of Pennsylvania

Decided July 21, 1915No. Appeal, No. 14PublishedCited by 4 opinions

Appeal, No. 14, March T., 1915, by William S. Davies, from decree of O. C. Susquehanna Co., April T., 1913, No. 11, dismissing exceptions to report of auditor in Estate David Davies, deceased. Exceptions to report of George P. Little, Esq., auditor. The opinion of the Superior Court- states the facts of ' the case. Errors assigned were in dismissing exceptions to auditor’s report.

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Appeal, No. 14, March T., 1915, by William S. Davies, from decree of O. C. Susquehanna Co., April T., 1913, No. 11, dismissing exceptions to report of auditor in Estate David Davies, deceased. Exceptions to report of George P. Little, Esq., auditor. The opinion of the Superior Court- states the facts of ' the case. Errors assigned were in dismissing exceptions to auditor’s report. When the payment of a legacy is coupled with a devise so that its payment is made because, or as a condition on which the devise is made, then the latter is chargeable with its payment : Clery’s App., 35 Pa. 54;…

1Opinion of the Court

Opinion bt

Head, J.,

Two principal questions are involved in the present appeal: (1) When did the legacy of $1,000, bequeathed by the will of William T. Davies to his son John fall due and become payable? (2) Was the learned court below guilty of reversible error in adopting and confirming the conclusion of the auditor that Mary Adams, the claimant, was more than a menial servant in the household of her uncle and that her claim therefore was not barred by the presumption of the law that the wages of such a servant have been regularly paid at ordinary and customary intervals?(1) The portions of…

2Cases cited2 opinions

  1. Appeal of RanningerSupreme Court of Pennsylvania · 1888
  2. Schrader v. BeattySuperior Court of Pennsylvania · 1902

3Cited by4 opinions

  1. In Re Estate of J.C. PorterSuperior Court of Pennsylvania · 1933
  2. Rohrbach v. RossSuperior Court of Pennsylvania · 1921
  3. Estate of Rubenstein, Pennsylvania Court of Common Pleas, Philadelphia County2014
  4. Klees's EstateSuperior Court of Pennsylvania · 1916

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