Cooper's Estate
Supreme Court of Pennsylvania
Appeal, No. 270, Jan. T., 1902, by Annie Cooper, from decree of O. C. Perry Co., dismissing exceptions to auditor’s report in es te of Josiah K. Cooper. Exceptions to report of Luke Baker, Esq., auditor. From the record it appeared that the testator died on July 26, 1898, leaving to survive him a widow but no children. The evidence showed that the testator in his lifetime gave various notes to nephews and nieces. The will is quoted in the opinion of the Supreme Court.
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Appeal, No. 270, Jan. T., 1902, by Annie Cooper, from decree of O. C. Perry Co., dismissing exceptions to auditor’s report in es te of Josiah K. Cooper. Exceptions to report of Luke Baker, Esq., auditor. From the record it appeared that the testator died on July 26, 1898, leaving to survive him a widow but no children. The evidence showed that the testator in his lifetime gave various notes to nephews and nieces. The will is quoted in the opinion of the Supreme Court. The executor after leasing the farm sold it on September 21, 1900, for $5,100. The whole of the personal estate was applied to…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
Josiah K. Cooper, the testator, died July 26, 1898, and the controlling question raised on this appeal is whether, by the terms of his will, there was a conversion of his real estate from his death, or from September 21, 1900, the time it was sold by his executor. The clauses in the will from which it must be determined when the conversion took place are: “ Third. I direct that my farm be leased if the same can be done to advantage, otherwise I direct that my executor shall sell the same at public or private sale, at such time as he shall deem it expedient so to…
2Cases cited11 opinions
- Irwin v. PatchenSupreme Court of Pennsylvania · 1894
- Hunt's AppealsSupreme Court of Pennsylvania · 1884
- Kerper v. HochSupreme Court of Pennsylvania · 1832
- Commonwealth v. PoolSupreme Court of Pennsylvania · 1837
- Jones v. CaldwellSupreme Court of Pennsylvania · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Davidson, Exrx. v. BrightSupreme Court of Pennsylvania · 1920
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Richardson v. McCloskeyCourt of Appeals of Texas · 1924
- Loew's EstateSupreme Court of Pennsylvania · 1927
- Lloyd's EstateSupreme Court of Pennsylvania · 1924
14 more not listed; retrieve them via the Exa API.