Legal Opinion

Agnew's Estate

Superior Court of Pennsylvania

Decided May 23, 1901No. Appeal, No. 16PublishedCited by 1 opinion

Appeal, No. 16, April T., 1901, by John B. Keeaan, from decree of O. C. Westmoreland Co., Aug. T., 1898, No. 62, confirming auditor’s report in the estate of James Agnew, deceased. Exceptions to report of Eugene Warden, Esq., auditor. The facts are fully stated in the opinion of the Superior Court. . Error assigned was the decree affirming the auditor’s report.

1Opinion of the Court

Opinion by

Beaver, J.,

The principal facts in this case are not in dispute and are specifically found by the auditor. Agnew, the life tenant, leased to Guffey certain premises to be operated for oil and gas at an annual rental of $1,000, payable in advance. The lease was ratified and confirmed by Kearney, the remainder-man, by a supplemental agreement, assented to by Agnew, by virtue of which the rentals were to be divided during Agnew’s life in the proportion of two thirds to Agnew and one third to Kearney; and, after Agnew’s death, the entire amount to go to Kearney. Agnew received from…

2Cases cited1 opinion

  1. Appeal of KeyserSupreme Court of Pennsylvania · 1889

3Cited by1 opinion

  1. Archambault's EstateSupreme Court of Pennsylvania · 1911

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