Gumaer's Estate
Superior Court of Pennsylvania
Appeal, No. 56, Jan. T., 1902, by Silas Hartley, from decree of O. C. Lackawanna Co., order payment of money on estate of Ezekiel Gumaer, deceased. Petition for a decree to pay money charged on land. Vosburg, P. J., filed the following opinion: Clarinda Gumaer, the widow of the testator, presented her petition asking that Silas Hartley be compelled to pay her a certain legacy,.with arrears of interest thereon.
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Appeal, No. 56, Jan. T., 1902, by Silas Hartley, from decree of O. C. Lackawanna Co., order payment of money on estate of Ezekiel Gumaer, deceased. Petition for a decree to pay money charged on land. Vosburg, P. J., filed the following opinion: Clarinda Gumaer, the widow of the testator, presented her petition asking that Silas Hartley be compelled to pay her a certain legacy,.with arrears of interest thereon. She bases her claim upon the following provisions of her deceased husband’s will: “I give and devise to my son, Frederick E. Gumaer, the farm known as the Dowd farm, containing nearly…
1Opinion of the Court
Opinion by
William W. Portee, J.,
We hold with the court below that Ezekiel Gumaer made the moneys to be paid to Ms widow a charge upon the farms devised to his sons. The intent of the entire will is in accord with this construction. The language of the particular clause is, that if the three sons “ shall accept the above property, it shall be on condition that they each pay annually an equal portion to their mother, Clarinda Gumaer, of six per cent interest on §2,000, and, if needed for her support, also the principal, each paying one third.” From this language it appears that the testator…
2Cases cited1 opinion
- In re Estate of MoranSuperior Court of Pennsylvania · 1900
3Cited by2 opinions
- Conkle Admr., Etc. v. LaughlinSuperior Court of Pennsylvania · 1924
- Fetrow's EstateSuperior Court of Pennsylvania · 1917