Legal Opinion

Ebert & Barnitz's Appeal

Supreme Court of Pennsylvania

Decided May 15, 1840PublishedCited by 7 opinions

APPEAL by Martin Ebert and Jacob Barnitz, administrators with the will annexed of Elizabeth Goering, deceased, from the decree of the court of common pleas of York county, appointing Henry Hoober a trustee for Lydia Eeiler in the place of Elizabeth Goering the elder, deceased, upon the following petition of the said Lydia Eeiler: “ The petition of Lydia Eeiler, wife of George Eeiler, and late Lydia Zimmerman, respectfully represents, that her sister Elizabeth Goering, single…

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APPEAL by Martin Ebert and Jacob Barnitz, administrators with the will annexed of Elizabeth Goering, deceased, from the decree of the court of common pleas of York county, appointing Henry Hoober a trustee for Lydia Eeiler in the place of Elizabeth Goering the elder, deceased, upon the following petition of the said Lydia Eeiler: “ The petition of Lydia Eeiler, wife of George Eeiler, and late Lydia Zimmerman, respectfully represents, that her sister Elizabeth Goering, single woman, late of York borough, in said county, deceased, by her will gave a part of her estate to your petitioner, and…

1Opinion of the Court

The opinion of the court was delivered by

Kennedy, J.

Elizabeth Goering, the mother of the testatrix, appears to have been appointed a trustee by her proper name, and also executrix of the will in like manner, by distinct and separate clauses contained therein. But she having died after proving the will and taking out letters testamentary upon it, and letters of administration de bonis non with the will annexed being thereupon granted to Martin Ebert and Jacob Barnitz, Lydia, the legatee, applied by petition to the court of common pleas of the county in which the first trustee resided at the…

2Cases cited1 opinion

  1. Innes's EstateSupreme Court of Pennsylvania · 1839

3Cited by7 opinions

  1. Hughes's AppealSupreme Court of Pennsylvania · 1868
  2. McKallip's EstateSupreme Court of Pennsylvania · 1927
  3. Sheaffer's EstateSupreme Court of Pennsylvania · 1911
  4. Brown's AppealSupreme Court of Pennsylvania · 1849
  5. Niyaa Buncch, et al. v. Southern Nevada Regional Housing Authority, et al.District Court, D. Nevada · 2026

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