Legal Opinion

Appeal of Walker

Supreme Court of Pennsylvania

Decided May 23, 1887No. 210PublishedCited by 8 opinions

No. 210 January Term 1886, Sup. Ct.; court below, No. 85 September Term 1881, O. C. The parties to this cause were John W. Walker and Thomas M. Walker, executors of the last will of John H. Walker, deceased, appellants, and Mrs. Catharine Davenport, Mrs. Belle M. Armstrong, Mrs. Mary Beemer, children and heirs of said deceased, and E. L. Whittelsey, guardian of Catharine D. Davenport and Catharine D. Armstrong, devisees of Harry Walker, deceased, appellees.

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No. 210 January Term 1886, Sup. Ct.; court below, No. 85 September Term 1881, O. C. The parties to this cause were John W. Walker and Thomas M. Walker, executors of the last will of John H. Walker, deceased, appellants, and Mrs. Catharine Davenport, Mrs. Belle M. Armstrong, Mrs. Mary Beemer, children and heirs of said deceased, and E. L. Whittelsey, guardian of Catharine D. Davenport and Catharine D. Armstrong, devisees of Harry Walker, deceased, appellees. John H. Walker died January 25, 1875, having left a will dated August 15, 1874, in which he appointed his sons, John W. and Thomas M.,…

1Opinion of the Court

Opinion,

Mr. Justice Clark :

Upon a careful examination of this case, we are of opinion that the conclusions of the learned judge of the Orphans’ Court are correct, and we deem it unnecessary to consider at length the several- assignments of error, as in so doing we would but reiterate the views so well expressed in the opinion filed.

The learned court was certainly right in refusing to allow the accountants a credit for the living expenses of the testator’s family, after his death, under the second clause of his will. “ I direct and will,” says the testator, “ that my children shall live…

2Cited by8 opinions

  1. Herron ex rel. Murray v. StevensonSupreme Court of Pennsylvania · 1918
  2. Morrison's EstateSupreme Court of Pennsylvania · 1900
  3. Appeal of Pennsylvania Co.Supreme Court of Pennsylvania · 1895
  4. Meyer EstateSuperior Court of Pennsylvania · 1953
  5. Craig v. CommissionerUnited States Board of Tax Appeals · 1927

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