Dewald v. Berkheiser
Superior Court of Pennsylvania
Appeal, No. 56, Oct. T., 1900, by defendant, from judgment of C. P. Schuylkill Co., March T., 1898, No. 117, on verdict for plaintiff, in case of Ellen Dewald and Benjamin A. Dewald in right of his Wife, Ellen Dewald, v. William Berkheiser and O. J. Aregood, Executors of John Berkheiser, Deceased. Before Assumpsit to recover moneys alleged to have been spent for the maintenance of Sara Berkheiser, widow of John Berkheiser.
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Appeal, No. 56, Oct. T., 1900, by defendant, from judgment of C. P. Schuylkill Co., March T., 1898, No. 117, on verdict for plaintiff, in case of Ellen Dewald and Benjamin A. Dewald in right of his Wife, Ellen Dewald, v. William Berkheiser and O. J. Aregood, Executors of John Berkheiser, Deceased. Before Assumpsit to recover moneys alleged to have been spent for the maintenance of Sara Berkheiser, widow of John Berkheiser. Before Marr, J. The opinion of the Superior Court states the case. The court refused binding instructions for defendants. • Verdict and judgment for plaintiff for…
1Opinion of the Court
Opinion by
W. D. Porter, J.,
The plaintiff brought an action of assumpsit against the executors of the will of John Berkheiser, deceased, and recovered a judgment in the court of common pleas. The defendants at the trial raised the question of the jurisdiction of the court, which having been ruled against them lies at the foundation of this appeal. The will of John Berkheiser, deceased, was probated on February 4, 1871, and contained the following provisions which are material to the question now presented for consideration. The will ordered and directed bis executors to sell all his estate,…
2Cases cited20 opinions
- Reck's AppealSupreme Court of Pennsylvania · 1875
- Shollenberger's AppealSupreme Court of Pennsylvania · 1853
- Hammett's AppealSupreme Court of Pennsylvania · 1877
- Burt v. HerronSupreme Court of Pennsylvania · 1870
- Mussleman's AppealSupreme Court of Pennsylvania · 1870
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3Cited by2 opinions
- Dunlap v. Dunlap, Exec.Superior Court of Pennsylvania · 1927
- Richardson's EstatePennsylvania Orphans' Court, Susquehanna County · 1925