Shuman's Appeal
Supreme Court of Pennsylvania
Appeal from the decree- of the Orphans’ Court of Lancaster county. Christian Herr died on the 1st May, 1850, having made his last will and testament, in which he appointed Christian S. Herr, David B. Herr, and Abraham.Eorry to be his executors, and gave to them as trustees a portion of his estate for the use of his daughter, Susanna Brady, during her life, and to be paid to her children after her death.
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Appeal from the decree- of the Orphans’ Court of Lancaster county. Christian Herr died on the 1st May, 1850, having made his last will and testament, in which he appointed Christian S. Herr, David B. Herr, and Abraham.Eorry to be his executors, and gave to them as trustees a portion of his estate for the use of his daughter, Susanna Brady, during her life, and to be paid to her children after her death. Mrs. Brady died on the 18th January, 1851, leaving a number of minor children, for whom Jacob G. Shuman the appellant was appointed guardian, by the Orphans’ 'Court of Lancaster county. The…
1Opinion of the Court
The opinion of the court was delivered by
Black, J.
The object of this proceeding in the Orphans’ Court was to compel executors to settle an account. The answer to the citation was that a final and full account had been settled, and no money had, subsequently to the date of the account, come into the hands of the executors. The facts seem to be that before the account the executors had sold a farm of their testator to one David Herr, and in the account charged themselves with the sum at which he had bidden it off, namely, $82.50 per acre. But it *66was shown very clearly that Herr bought the land…
2Cited by4 opinions
- Brittain's EstateSuperior Court of Pennsylvania · 1905
- Taylor v. HaskellSupreme Court of Pennsylvania · 1896
- Bucher's EstateYork County Orphans' Court · 1927
- Irwin v. Monongahela Consolidated Coal & Coke Co.Supreme Court of Pennsylvania · 1913