Johnson's Estate
Supreme Court of Pennsylvania
Appeal No. 110, Jan. T., 1895, by William Ellsworth Johnson et al., from decree of O. C. Juniata Co., distributing balance in the hands of administrator. Petition to distribute balance of estate. The facts appear by the opinion of the Supreme Court.
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Appeal No. 110, Jan. T., 1895, by William Ellsworth Johnson et al., from decree of O. C. Juniata Co., distributing balance in the hands of administrator. Petition to distribute balance of estate. The facts appear by the opinion of the Supreme Court. JSrrors assigned were (1) in awarding to the four children of James R. Johnson only $6,000 of the fund in the hands of the administrator; (2) in not awarding to said children $6,000 of the Harrisburg gas stock, or 240 shares thereof, at its par value, which in the distribution, would entitle them to $9,660.
1Opinion of the Court
Opinion by
Mr. Justice Green,
The learned court below held, correctly as we think, that the legacy of the Harrisburg Gas Stock to the four children of James P. Johnson is specific. The opinion of the court pro *179ceeding upon tbis basis, was apparently in favor of the claim of the children, giving to them the proceeds of the sale of 240 shares, but the decree was made for- only $6,000 of money out of the proceeds, treating the legacy as pecuniary only. We are disposed to agree with the reasoning of the court, but are quite unable to agree to the conclusion reached.
The language of the will on this…
2Cases cited1 opinion
- Hoff's AppealSupreme Court of Pennsylvania · 1855
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