Legal Opinion

Allshouse's Estate

Superior Court of Pennsylvania

Decided May 22, 1903No. Appeal, No. 22PublishedCited by 1 opinion

Appeal, No. 22, April T., 1903, by Priscilla Rumbaugh, from decree of O. C. Westmoreland Co., Aug. T., 1901, No. 35, overruling exceptions to auditor’s report, in estate of Samuel Allsliouse, deceased. Exceptions to report of auditor. The opinion of the Superior Court states the case. The court dismissed exceptions to auditor’s report. Error assigned was decree of the court.

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Appeal, No. 22, April T., 1903, by Priscilla Rumbaugh, from decree of O. C. Westmoreland Co., Aug. T., 1901, No. 35, overruling exceptions to auditor’s report, in estate of Samuel Allsliouse, deceased. Exceptions to report of auditor. The opinion of the Superior Court states the case. The court dismissed exceptions to auditor’s report. Error assigned was decree of the court. By the reservation of the coal “ with the usual mining privileges,” the testator in the case must have meant something more than the mining rights incident to a reservation of the coal alone; he must have meant the…

1Opinion of the Court

Opinion by

Morrison, J.,

This is an appeal from the decree of the orphans’ court of the county of Westmoreland In re Distribution of the Estáte of Samuel Allshouse, deceased. Samuel Allshouse died November 5, 1886, having first made his last will and testament in writing bearing date December 30, 1885. The question for decision arises on the confirmation of the account of the surviving executor, John W. Allshouse, of the last will and testament of Samuel Allshouse, deceased. The testator, by his will, authorized his executors to sell and convey the coal underlying certain of the lands of which…

2Cases cited14 opinions

  1. Jones v. WagnerSupreme Court of Pennsylvania · 1870
  2. Williams v. HaySupreme Court of Pennsylvania · 1888
  3. Hancock's AppealSupreme Court of Pennsylvania · 1886
  4. Scranton v. PhillipsSupreme Court of Pennsylvania · 1880
  5. Penn Gas Coal Co. v. Versailles Fuel Gas Co.Supreme Court of Pennsylvania · 1890

9 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Hines v. Union Connellsville Coke Co.Supreme Court of Pennsylvania · 1921

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