Legal Opinion

Follmer's Appeal

Supreme Court of Pennsylvania

Decided October 17, 1860PublishedCited by 12 opinions

Appeal from the Orphans’ Court of Columbia county. This was an appeal by the executors of Henry Follmer, who was the surviving and accounting executor of George Follmer, deceased, from the decree of the Orphans’ Court of Columbia county, confirming the report of the auditor appointed to make distribution of a balance, which, it was averred, remained in the hands of said Henry Eollmer, at his death.

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Appeal from the Orphans’ Court of Columbia county. This was an appeal by the executors of Henry Follmer, who was the surviving and accounting executor of George Follmer, deceased, from the decree of the Orphans’ Court of Columbia county, confirming the report of the auditor appointed to make distribution of a balance, which, it was averred, remained in the hands of said Henry Eollmer, at his death. George Follmer died in the year 1830, leaving a will, which was regularly proven, and letters testamentary issued thereupon to Henry Eollmer and Andrew Eshback, who were named therein as executors.…

1Opinion of the Court

The opinion of the court was delivered, by

Lowrie, C. J.

— We should have difficulty in interpreting the will of George Follmer as the parties interested in it seem to have done; but justice does not require that we should reverse their interpretation, and now execute the will differently. None of the parties to it have ever disputed the correctness of the original interpretation; and it is not until after several of them are dead *124(including the executors), that the administrators of one of the legatees seek to reopen the question. It is more than a quarter of a century since the parties to the…

2Cited by12 opinions

  1. Fry v. StetsonSupreme Court of Pennsylvania · 1952
  2. Edelman's EstateSupreme Court of Pennsylvania · 1939
  3. Lancaster v. FlowersSupreme Court of Pennsylvania · 1904
  4. Whitcomb v. CommissionerUnited States Board of Tax Appeals · 1931
  5. Fry v. StetsonSuperior Court of Pennsylvania · 1954

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