Estate of Comly
Pennsylvania Orphans' Court, Montgomery County
No. 62 July Term 1889, Sup. Ct.; court below, number and term not given. On May 5, 1888, Peter C. Hollis and John S. Wise, executors of the will of Franklin A. Comly, deceased, filed their account showing a balance due the estate, of income $6,334.13, and of principal, consisting of securities and cash, $149,066.51. Thereupon, no exceptions having been filed, Mr. Montgomery Evans was appointed auditor to report a distribution.
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No. 62 July Term 1889, Sup. Ct.; court below, number and term not given. On May 5, 1888, Peter C. Hollis and John S. Wise, executors of the will of Franklin A. Comly, deceased, filed their account showing a balance due the estate, of income $6,334.13, and of principal, consisting of securities and cash, $149,066.51. Thereupon, no exceptions having been filed, Mr. Montgomery Evans was appointed auditor to report a distribution. The auditor subsequently filed a report finding that the testator died on April 23, 1887, testate, leaving to survive him neither widow nor children, but next of kin as…
1Opinion of the Court
Opinion,
Me. Justice Steeeett :
This contention hinges on the construction of a clause in the olographic will of Franklin A. Comly, a successful and intelligent business man, who died April 23, 1887, at the age of 73 years, unmarried and without issue.
It appears from the learned auditor’s report that testator’s property was all personal, consisting mainly of stocks and securities of railroad, iron manufacturing and other companies, with which he had been actively identified, amounting to about $150,000. At the time of his decease, and for many years prior thereto, he was president of the North…
2Cases cited4 opinions
- Sweet v. DuttonMassachusetts Supreme Judicial Court · 1872
- Eby's AppealSupreme Court of Pennsylvania · 1877
- Morton v. BarrettSupreme Judicial Court of Maine · 1843
- Mace v. CushmanSupreme Judicial Court of Maine · 1858
3Cited by6 opinions
- Bowen's EstateSuperior Court of Pennsylvania · 1939
- Thomas v. CovertWisconsin Supreme Court · 1906
- Allen v. TateCourt of Appeals for the Eighth Circuit · 1925
- Silverman TrustPennsylvania Orphans' Court, Philadelphia County · 1957
- Stevenson's EstatePennsylvania Orphans' Court, Clinton County · 1943
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