Lininger's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Franklin county : Of May Term 1882, No. 63. This was an appeal by Margaret Lininger, John Lininger and Samuel B. Lininger from a decree of said court ordering and directing that the two last-named appellants take out letters testamentary on the estate of one Samuel Lininger, deceased, within thirty days, or else letters of administration issue to the persons entitled by law.
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Appeal from the Orphans’ Court of Franklin county : Of May Term 1882, No. 63. This was an appeal by Margaret Lininger, John Lininger and Samuel B. Lininger from a decree of said court ordering and directing that the two last-named appellants take out letters testamentary on the estate of one Samuel Lininger, deceased, within thirty days, or else letters of administration issue to the persons entitled by law. The facts of the case were substantially as follows: Samuel Lininger died April 11th 1880, leaving him surviving a widow, Margaret, and four children, viz., John, Samuel B., Susan, and…
1Opinion of the CourtJustice Mercur
Two of these appellants were named as executors in the last will of Samuel Lininger. This decree orders them to take out letters testamentary within thirty days, or else letters of administration to issue to the parties entitled by law. This is assigned for error. The other appellant is the widow of the testator. The language of the will gives rise to the contention. After directing his debts and funeral expenses to be paid, and giving to Ms wife Margaret the use and occupancy of all Ms real estate during her life, he proceeds: “ Next, I will and direct that after my death she shall take…
2Cited by3 opinions
- Nemon's EstateSupreme Court of Pennsylvania · 1930
- Mercur's EstateSupreme Court of Pennsylvania · 1892
- Zimmerman's EstateSuperior Court of Pennsylvania · 1903