Middleby's Estate
Supreme Court of Pennsylvania
Appeal, No. 93, Jan. T., 1915, by Timken-Detroit Axle Company, from decree of O. C. Berks Co., Sept. T., 1912, Nos. 66 and 67, and March T., 1914, No. 36, refusing to order distribution to claimant in Estate of Joseph Middleby, deceased. Exceptions to adjudication. Before Bushong; P. J. The facts appear by the opinion of the Supreme Court.
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Appeal, No. 93, Jan. T., 1915, by Timken-Detroit Axle Company, from decree of O. C. Berks Co., Sept. T., 1912, Nos. 66 and 67, and March T., 1914, No. 36, refusing to order distribution to claimant in Estate of Joseph Middleby, deceased. Exceptions to adjudication. Before Bushong; P. J. The facts appear by the opinion of the Supreme Court. The lower court directed that after distribution to Pennsylvania creditors the remaining assets be accounted for by the ancillary executors to the executors in Massachusetts, where original letters testamentary were issued. Timken-Detroit Axle Company…
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
At the adjudication of an account filed by the ancillary executors of Joseph Middleby, deceased, in the Orphans’ Court of Berks County, the Timken-Detroit Axle Company, a corporation under the laws of Michigan, “pre*330sen ted a claim for a preference,” based on “the ground that they had sold the executors axles that were not paid for” and had “obtained a judgment against the executors and levied upon, certain cars.” All the adjudication states upon the subject of this claim is: “It was not even shown that the axles of the cars levied upon were not paid for, and…
2Cases cited3 opinions
- Barry's AppealSupreme Court of Pennsylvania · 1878
- Middleby's EstateSupreme Court of Pennsylvania · 1915
- Heilig v. HeiligSupreme Court of Pennsylvania · 1906
3Cited by2 opinions
- Easby's EstateSupreme Court of Pennsylvania · 1925
- Hall's EstatePennsylvania Orphans' Court, Philadelphia County · 1923