Legal Opinion

Dox's Estate

Superior Court of Pennsylvania

Decided March 12, 1906No. Appeal, No. 46PublishedCited by 2 opinions

Appeal, No. 46, Jan. T., 1906, by Elizabeth Frantz, Lizzie A. Frantz and Sarah A. DeRemer, from decree of O. C. Lackawanna Co., No. 55, of 1904, dismissing petition for order on executor in Estate of Mary A. Dox. Petition of Elizabeth Frantz, Lizzie A. Frantz, and Sarah A. DeRemer, for an order on the executor to deliver to them certain articles of jewelry. Before Sando, P. J. The facts are stated in the opinion of the Superior Court. The court dismissed the petition.

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Appeal, No. 46, Jan. T., 1906, by Elizabeth Frantz, Lizzie A. Frantz and Sarah A. DeRemer, from decree of O. C. Lackawanna Co., No. 55, of 1904, dismissing petition for order on executor in Estate of Mary A. Dox. Petition of Elizabeth Frantz, Lizzie A. Frantz, and Sarah A. DeRemer, for an order on the executor to deliver to them certain articles of jewelry. Before Sando, P. J. The facts are stated in the opinion of the Superior Court. The court dismissed the petition. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Oblady, J.,

By the terms of the will of Mary A. Dox sixteen beneficiaries received pecuniary legacies; one, a picture ; one, a sideboard ; and one, plain furniture for two sleeping rooms to be selected by her executor. The eighth item of her will is as follows : “ I give and bequeath to Mrs. Elizabeth Frantz and her daughters my wearing apparel.” Under this clause the appellants claimed “ One diamond ring, one watch and chain, one diamond bar brooch, one pearl and gold cross brooch,” in addition to certain clothing which the executor delivered to them, their contention being that the…

2Cases cited5 opinions

  1. Arnold v. United StatesSupreme Court of the United States · 1893
  2. Astor v. MerrittSupreme Court of the United States · 1884
  3. Sawyer v. SawyerSupreme Court of Vermont · 1856
  4. Gooch v. GoochSupreme Judicial Court of Maine · 1852
  5. Kast v. Philadelphia & Reading Railway Co.Superior Court of Pennsylvania · 1905

3Cited by2 opinions

  1. In Re the Estate of DeeringHawaii Supreme Court · 1927
  2. In re GemmellDistrict Court, W.D. Pennsylvania · 1907

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