Brotzman v. Riehl
Supreme Court of Pennsylvania
APPEAL EROM THE COURT OE COMMON PLEAS OE NORTHAMPTON COUNTY, IN EQUITY. No. 175 July Term 1887, Sup. Ct.; court below, No. 1 February Term 1881, C. P. in equity.
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APPEAL EROM THE COURT OE COMMON PLEAS OE NORTHAMPTON COUNTY, IN EQUITY. No. 175 July Term 1887, Sup. Ct.; court below, No. 1 February Term 1881, C. P. in equity. On January 24, 1881, a bill in equity was filed by Catherine Brotzman, as plaintiff, against Rachel Riehl, the wife of Thomas Riehl and surviving executrix of the will of Joseph Brotzman, deceased, Hannah Brotzman, widow, and U. Y. Brotzman, Ephraim Brotzman, and others, heirs of John P. Brotzman, son of Joseph Brotzman, deceased, and the Glendon Iron Co., assignee of Charles Jackson, Jr., lessee. The bill averred in substance:. That…
1Opinion of the Court
Opinion,
Mr. Justice Paxson:
Under the will of Joseph Brotzman, the provisions in favor of his daughter, Catherine Brotzman, are charged upon his real estate. Similar charges have been so held: Gibson’s Appeal, 25 Pa. 191; Buchanan v. Duncan, 40 Pa. 82; Steele’s Appeal, 47 Pa. 437.
By the 59th section of the act of 24th February, 1834, P. L. 84, it is provided that “ when a legacy is or hereafter may be charged upon or payable out of real estate, it shall be lawful for the legatee to apply, by bill or petition, to the Orphans’ Court having jurisdiction of the account of the executor of the will…
2Cases cited6 opinions
- Steele's AppealSupreme Court of Pennsylvania · 1864
- Gibson's AppealSupreme Court of Pennsylvania · 1855
- Buchanan v. DuncanSupreme Court of Pennsylvania · 1861
- Pierce v. LivingstonSupreme Court of Pennsylvania · 1876
- Strickler v. SheafferSupreme Court of Pennsylvania · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Taylor v. MooreSupreme Court of Pennsylvania · 1931
- Yetter v. Delaware Valley RailroadSupreme Court of Pennsylvania · 1903
- McCormick v. Puritan Coal Mining Co.Court of Appeals for the Third Circuit · 1928
- Estate of BrotzmanPennsylvania Orphans' Court, Northampton County · 1890
- Wingett v. BellSuperior Court of Pennsylvania · 1900
6 more not listed; retrieve them via the Exa API.