Legal Opinion

Barr's Petition

Supreme Court of Pennsylvania

Decided January 2, 1912No. Appeals, Nos. 174, 213, 214 and 215,PublishedCited by 1 opinion

Appeals, Nos. 174, 213, 214 and 215, Oct. T., 1911, by Ella P. Barr et al., from decree of C. P. No. 2, Allegheny Co., July T., 1906, No. 16, awarding distribution on petition of Charles W. Smith. Petition for appointment of an auditor, and for distribution of a trust estate. Exceptions to report of Arthur L. Over, Esq., auditor. The facts are stated in the opinion of the Supreme Court.

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Appeals, Nos. 174, 213, 214 and 215, Oct. T., 1911, by Ella P. Barr et al., from decree of C. P. No. 2, Allegheny Co., July T., 1906, No. 16, awarding distribution on petition of Charles W. Smith. Petition for appointment of an auditor, and for distribution of a trust estate. Exceptions to report of Arthur L. Over, Esq., auditor. The facts are stated in the opinion of the Supreme Court. Errors assigned were decree of the court and in dismissing exceptions to report of auditor.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

On September 5, 1893, Joseph Smith, Jr., assigned to Hugh D. Smith, in trust, certain personal property, included in which were the following items: A note of Smith, Bartlett & Company, dated November 3, 1892, for $13,000, payable one day after date to the order of Joseph Smith, Jr., with interest at eight per cent, per annum, upon which there was paid about the sum of $5,974.28; two notes of Charles W. Smith to the order of Joseph Smith, Jr., payable one day after date, one for $400, bearing date March 4, 1885, and the other for $90, dated August 2, 1885; a note…

2Cases cited4 opinions

  1. Estate of EichelbergerSupreme Court of Pennsylvania · 1890
  2. Miller's AppealSupreme Court of Pennsylvania · 1858
  3. Porter's AppealSupreme Court of Pennsylvania · 1880
  4. Estate of FarnumSupreme Court of Pennsylvania · 1896

3Cited by1 opinion

  1. Simon EstateSupreme Court of Pennsylvania · 1973

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