Miltenberger v. Schlegel
Supreme Court of Pennsylvania
In error from the Common Pleas of Northampton. Dec. 24. This was an action against Miltenberger, surviving executor of Miltenberger and the tenants of the testator’s land. The declaration recited the summons of the defendant, and terre-tenants, and the will of testator, wherein he devised certain lands to Miltenberger, and directed that he should pay certain sums of money to persons therein named, among whom was the plaintiff.
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In error from the Common Pleas of Northampton. Dec. 24. This was an action against Miltenberger, surviving executor of Miltenberger and the tenants of the testator’s land. The declaration recited the summons of the defendant, and terre-tenants, and the will of testator, wherein he devised certain lands to Miltenberger, and directed that he should pay certain sums of money to persons therein named, among whom was the plaintiff. It then averred that Miltenberger became the surviving executor, and that the personal estate was more than sufficient to satisfy the debts of testator; that…
1Opinion of the CourtBell, J.
Though it does not clearly appear from the
record in this case, as it is spread upon our paper books, it would seem John Nicholas Miltenberger, the devisee, had aliened some portion of the lands devised to him by the will of his father, before the institution of this action. Acting upon the notion that the legacies or sums of money which the testator directed his son and devisee, the defendant below, to pay, from time to time, to his other children, was a charge upon the land devised, the plaintiff below, pursuing the old form of action pointed out in McLanahan v. McLanahan, 1 Penna. Rep. 113,…
2Cases cited6 opinions
- Downer v. DownerSupreme Court of Pennsylvania · 1839
- Brandt's AppealSupreme Court of Pennsylvania · 1839
- Jarrett v. TomlinsonSupreme Court of Pennsylvania · 1842
- Dewitt v. EldredSupreme Court of Pennsylvania · 1842
- Bixler v. KunkleSupreme Court of Pennsylvania · 1828
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Orient B. & L. Ass'n v. GouldSupreme Court of Pennsylvania · 1913
- Estate of Lannon, Superior Court of California, County of San Francisco1897