Legal Opinion

Appeal of Patterson

Pennsylvania Orphans' Court, Philadelphia County

Decided October 7, 1889No. 256PublishedCited by 9 opinions

No. 256 January Term 1889, Sup. Ct.; court below, number and term not given. On January 3, 1888, the account of Robert E. Patterson and William H. Drayton, executors and trustees under the will of Robert Patterson, deceased, was called for audit, and in the hearing subsequently had the following facts appeared: Robert Patterson died on August 7, 1881, leaving a will by which he devised his estate to his executors, in trust to wind up the business of all the manufactories…

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No. 256 January Term 1889, Sup. Ct.; court below, number and term not given. On January 3, 1888, the account of Robert E. Patterson and William H. Drayton, executors and trustees under the will of Robert Patterson, deceased, was called for audit, and in the hearing subsequently had the following facts appeared: Robert Patterson died on August 7, 1881, leaving a will by which he devised his estate to his executors, in trust to wind up the business of all the manufactories owned by him; but as the immediate suspension of the business of those concerns might be attended with loss, he authorized…

1Opinion of the Court

Opinion,

Mb. Justice Williams :

It will tend to clearness and brevity if we keep to the questions proposed in the excellent argument of the appellant and consider them in their order.

First. “Did the Abercrombie and Appleton debts bear interest from the dates mentioned in the will to the death of the testator?” We answer, no! They were debts in the common meaning of the word at the beginning. They were secured as-such, and treated so far as we know in all respects as debts, until the testator sat down to make his will. Then the subject of distributing his estate among his children was before…

2Cases cited3 opinions

  1. Miller's AppealSupreme Court of Pennsylvania · 1858
  2. Yundt's AppealSupreme Court of Pennsylvania · 1850
  3. Weaver's AppealSupreme Court of Pennsylvania · 1870

3Cited by9 opinions

  1. Hirsh's Trust EstateSupreme Court of Pennsylvania · 1939
  2. Houston EstateSupreme Court of Pennsylvania · 1956
  3. Sprague v. MooreMichigan Supreme Court · 1902
  4. Smith EstateSupreme Court of Pennsylvania · 1944
  5. Glessner's EstatePennsylvania Orphans' Court, Montgomery County · 1940

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