Appeal of McWilliams
Supreme Court of Pennsylvania
FROM THE DECREE OF THE ORPHANS’ COURT OF MONTOUR COUNTY. No. 118 January Term 1887, Sup. Ct.; court below, No. 15 May Term 1886, O. C. In the court below the account of Robert Curry McWilliams, executor of the will of John McWilliams, was confirmed, and an auditor appointed to make distribution of the balance shown. The auditor, Mr. James Scarlet, made a report showing, so far as relates to the contention in this court, the finding of the facts following.
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FROM THE DECREE OF THE ORPHANS’ COURT OF MONTOUR COUNTY. No. 118 January Term 1887, Sup. Ct.; court below, No. 15 May Term 1886, O. C. In the court below the account of Robert Curry McWilliams, executor of the will of John McWilliams, was confirmed, and an auditor appointed to make distribution of the balance shown. The auditor, Mr. James Scarlet, made a report showing, so far as relates to the contention in this court, the finding of the facts following. John McWilliams died on August 7, 1876, testate, leaving a widow and four children, among whom were Robert Curry McWilliams and John Woods…
1Opinion of the Court
Opinion,
Mr. Justice Stebbett :
Appellants’ contention is that the Curry and Simington claims, to which part of the fund was awarded, were not entitled to participate in the distribution: (1) Because they had ceased to be liens on the land of which John McWilliams, the testator, died seized and from which the fund was realized; and (2) Because they were barred by the statute of limitations, more than six years- from the maturity of the claims and death of the testator having elapsed before they were presented.
As to the first it is sufficient to say, as did the court below, that the fifth item…
2Cases cited1 opinion
- Yorks's AppealSupreme Court of Pennsylvania · 1885
3Cited by6 opinions
- DeVaughn v. McLeroySupreme Court of Georgia · 1889
- Gibson EstateSuperior Court of Pennsylvania · 1943
- Fischer v. WoodruffSupreme Court of Pennsylvania · 1916
- Estate of ClaghornSupreme Court of Pennsylvania · 1897
- Long's EstateSuperior Court of Pennsylvania · 1909
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