Miller's Estate
Supreme Court of Pennsylvania
Appeal, No. 191, October Term, 1915, by Sarah Miller, from decree of O. P. Washington Co., Nov. T., 1913, No. 421, dismissing exceptions to auditor’s report In re Trust for Sarah Miller and Esther J. Morrow, and the Estate of Alexander B. Miller, deceased. Exceptions to auditor’s report.
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Appeal, No. 191, October Term, 1915, by Sarah Miller, from decree of O. P. Washington Co., Nov. T., 1913, No. 421, dismissing exceptions to auditor’s report In re Trust for Sarah Miller and Esther J. Morrow, and the Estate of Alexander B. Miller, deceased. Exceptions to auditor’s report. The facts, appear in the following opinion by McIlvaine, P. J., dismissing exceptions to the report of the auditor: On the 13th day of October, 1903, Alexander B. Miller executed the following will: “I, Alexander B. Miller, of Canonsburg, County of Washington and State of Pennsylvania, being of sound mind and…
1Opinion of the Court
Per Curiam,
The manifestly correct conclusion of the auditor and learned court below was that the deed from S. L. McCullough, dated October 15, 1906, to Alexander B. Miller,for a reconveyance of the coal, was accepted by the latter in payment and satisfaction of his purchase-money mortgage. It therefore followed that the said coal was real estate of the decedent, as to which he died intestate, and the decree of the court below must be affirmed.
Decree affirmed at appellant’s costs.
2Cited by3 opinions
- Gerlach EstateSupreme Court of Pennsylvania · 1950
- Gernert EstatePennsylvania Orphans' Court, Lehigh County · 1950
- Gettysburg National Bank v. Saxe, Pennsylvania Court of Common Pleas, Adams County1983