Legal Opinion

Nirdlinger's Estate

Supreme Court of Pennsylvania

Decided May 20, 1938No. Appeals, 269 and 271PublishedCited by 36 opinions

1Opinion of the Court

Opinion by

Mr. Justice Schaffer,

When this estate was first before us (327 Pa. 171, 193 A. 30), the important questions now presented were not in view. The question raised on the former appeal was whether the proceeds of the sale of a property, acquired by trustees through foreclosure of a mortgage, should be apportioned between the life tenants and the remainder-men. It was held that they should and the formula set forth in the Restatement, Trusts, Sec. 241, was adopted as the method of apportionment. The formula provided by the Restatement is: “The net proceeds received from the sale of the…

2Cases cited16 opinions

  1. Hite's Devisees v. Hite'sCourt of Appeals of Kentucky · 1892
  2. In Re the Will of ChapalNew York Court of Appeals · 1936
  3. Nirdlinger's Estate (No. 2)Supreme Court of Pennsylvania · 1937
  4. Edwards v. EdwardsMassachusetts Supreme Judicial Court · 1903
  5. In Re the Accounting of Bankers Trust Company, as Trustee Under the Will of OtisNew York Court of Appeals · 1937

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

3Cited by36 opinions

  1. Pew TrustSupreme Court of Pennsylvania · 1963
  2. Crawford EstateSupreme Court of Pennsylvania · 1949
  3. Levy's EstateSupreme Court of Pennsylvania · 1939
  4. Crozer EstateSupreme Court of Pennsylvania · 1943
  5. Lewis v. CommissionerUnited States Tax Court · 1943

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

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