Cummings's Estate
Supreme Court of Pennsylvania
Appeal, No. 20, Jan. T., 1898, by-Thomas Cummings, from decree of O. C. Phila. Co., April T., 1892, No. 165, dismissing exceptions to adjudication. Audit of account of Philadelphia Trust, Safe Deposit and Insurance Co., executors of A. Boyd Cummings, deceased. The facts appear by the opinion of the Supreme Court. The court below [see report of opinions by Ferguson and Penrose, JJ., 1 Dist.
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Appeal, No. 20, Jan. T., 1898, by-Thomas Cummings, from decree of O. C. Phila. Co., April T., 1892, No. 165, dismissing exceptions to adjudication. Audit of account of Philadelphia Trust, Safe Deposit and Insurance Co., executors of A. Boyd Cummings, deceased. The facts appear by the opinion of the Supreme Court. The court below [see report of opinions by Ferguson and Penrose, JJ., 1 Dist. R. 485] awarded five bonds of the Pennsylvania Canal Co., registered in the name of A. P. Glass to Elizabeth M. Glass, and ordered the trustee to purchase at market price bonds at the par value of $5,000 to…
1Opinion of the Court
Opinion by
Mr. Justice Williams,
There are two questions presented by this appeal. One of these related to the applicability of the doctrine of equitable election to the appellant, as one of the devisees under the will oí A. Boyd Cummings, deceased. The testator was a resident of this state. His will was executed in accordance with the statute of Pennsylvania, and had the house and lot which he devised to Mary Boyd Cummings and Ella Cummings been situated here, it would have passed to them under his will beyond all controversy. The appellant was a devisee under the same will, and he seeks,…
2Cited by13 opinions
- Donsavage EstateSupreme Court of Pennsylvania · 1966
- Wohleber's EstateSupreme Court of Pennsylvania · 1935
- Hickman's EstateSupreme Court of Pennsylvania · 1932
- Heller v. FabelSupreme Court of Pennsylvania · 1927
- Tompkins v. MerrimanSupreme Court of Pennsylvania · 1893
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