Bomgardner v. Blatt
Superior Court of Pennsylvania
Appeal, No. 94, Oct. T., 1907, by defendant, from judgment of C. P. Lebanon Co., Dec. T., 1904, No. 80, on verdict for plaintiff in case óf Aaron G. Bomgardner, Executor of the last will and testament of Julian Blatt, deceased, v. Frank W. Blatt. Assumpsit to recover an overpayment by an executor. Before Ehrgood, P. J. The facts aré stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $182.50. Defendant appealed.
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Appeal, No. 94, Oct. T., 1907, by defendant, from judgment of C. P. Lebanon Co., Dec. T., 1904, No. 80, on verdict for plaintiff in case óf Aaron G. Bomgardner, Executor of the last will and testament of Julian Blatt, deceased, v. Frank W. Blatt. Assumpsit to recover an overpayment by an executor. Before Ehrgood, P. J. The facts aré stated in the opinion of the Superior Court. Verdict and judgment for plaintiff for $182.50. Defendant appealed. Error assigned among others was in submitting the case to the jury. — When an executor voluntarily makes distribution of his decedent’s estate, without…
1Opinion of the Court
Opinion by
Henderson, J.,
The plaintiff was executor of the will of Julian Blatt and in *363that capacity filed an account showing a balance of $529.56 in his hands for distribution among the heirs, which account was finally confirmed June 15, 1901. A short time thereafter the accountant requested the defendant, who was a son and heir of the decedent, to meet him at the office of a justice of the peace living in the neighborhood to receive the amount due him as such heir, and on June 28, 1901, the defendant met the plaintiff in response to the latter’s notice.. The plaintiff exhibited a receipt and…
2Cases cited7 opinions
- Montgomery's AppealSupreme Court of Pennsylvania · 1880
- Ferguson v. YardSupreme Court of Pennsylvania · 1894
- Carson v. M'FarlandSupreme Court of Pennsylvania · 1828
- Miller v. HulmeSupreme Court of Pennsylvania · 1889
- Natcher v. NatcherSupreme Court of Pennsylvania · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- In the Estate of J.A. NaumanSuperior Court of Pennsylvania · 1933
- Johnson v. HernigSuperior Court of Pennsylvania · 1913
- McClure v. Greene County, Pennsylvania Court of Common Pleas, Greene County1928