Legal Opinion

Kimberly's Estate

Supreme Court of Pennsylvania

Decided May 17, 1915No. 2; Appeal, No. 113PublishedCited by 2 opinions

Appeal, No. 113, Oct. T., 1914, by Abner Rush, annuitant legatee, from decree of O. O. Mercer Co., Oct. T., 1912, No. 60, granting petition of trustees for leave to distribute certain assets in estate of Peter L. Kimberly, deceased. Petition for leave to distribute certain assets bequeathed to trustees by Peter L. Kimberly, deceased. Before Williams, P. J. The opinion of the Supreme Court states the facts. The court granted the petition. Abner Rush appealed.

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Appeal, No. 113, Oct. T., 1914, by Abner Rush, annuitant legatee, from decree of O. O. Mercer Co., Oct. T., 1912, No. 60, granting petition of trustees for leave to distribute certain assets in estate of Peter L. Kimberly, deceased. Petition for leave to distribute certain assets bequeathed to trustees by Peter L. Kimberly, deceased. Before Williams, P. J. The opinion of the Supreme Court states the facts. The court granted the petition. Abner Rush appealed. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Mr. Justice Moschzisker,

Peter L. Kimberly died in June, 1905, possessed of a large estate, which he disposed of by will, the first section of the first paragraph whereof provides, inter alia, as follows: “I will, devise and bequeath all my property and estate......to John C. Owsley,......Ira B. Bassett, ......and George A. Baird,......; they to have and hold the same, to themselves and their successors or successor as trustees and executors upon the trusts and for the uses and purposes and subject to and under the directions following, that is to say; ......” The provision just…

2Cases cited10 opinions

  1. Cutler's EstateSupreme Court of Pennsylvania · 1909
  2. Willard's AppealSupreme Court of Pennsylvania · 1870
  3. Dickinson's EstateSupreme Court of Pennsylvania · 1892
  4. Watts's EstateSupreme Court of Pennsylvania · 1893
  5. Morton's EstateSupreme Court of Pennsylvania · 1902

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3Cited by2 opinions

  1. Wilson v. Board of Directors of City TrustsSupreme Court of Pennsylvania · 1936
  2. Spotz's EstateYork County Orphans' Court · 1944

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