Legal Opinion

Clauser's Estate

Supreme Court of Pennsylvania

Decided May 7, 1877PublishedCited by 9 opinions

Appeal from a decree of the Orphans’ Court of Berks county: Of January Term, 1877, No. 171. Tobias Clauser died on February 25th 1868. By his Avill he gave to two of his nephews, Mordecai F. and George W. Huy, and to his niece, Catharine Huy (afterwards Fisher), $1000 each. He gave his homestead to his wife, and after her death to his nepherv, Tobias Clauser, and made the latter his residuary legatee.

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Appeal from a decree of the Orphans’ Court of Berks county: Of January Term, 1877, No. 171. Tobias Clauser died on February 25th 1868. By his Avill he gave to two of his nephews, Mordecai F. and George W. Huy, and to his niece, Catharine Huy (afterwards Fisher), $1000 each. He gave his homestead to his wife, and after her death to his nepherv, Tobias Clauser, and made the latter his residuary legatee. He appointed his brother, Daniel Clauser, and Jesse G. HaAvlev, his executors. Separate accounts Avere filed by the executors, apparently Avithout objection. The questions all arose upon the…

1Opinion of the CourtJustice Woodward

Tobias Clauser died on the 25th of February 1868. His brother, Daniel Clauser, and Jesse G. Hawley, Esq., were his executors, and with the apparent consent of all parties interested, they filed separate accounts of'the portions of the estate they had respectively administered. While Mr. Hawley received large amounts of money, he promptly transferred the greater proportion of the sums paid to him to his co-executor. The auditor reported upon the accounts referred to him separately, and the legatees by whom this appeal was taken have acquiesced in this report. The significant questions…

2Cases cited1 opinion

  1. Swartswalter's AccountSupreme Court of Pennsylvania · 1835

3Cited by9 opinions

  1. Estate of MerkelSupreme Court of Pennsylvania · 1890
  2. Grollman's EstateSupreme Court of Pennsylvania · 1922
  3. Meyer EstateSuperior Court of Pennsylvania · 1953
  4. Correll, Receiver's AccountSupreme Court of Pennsylvania · 1925
  5. Quirk v. QuirkU.S. Circuit Court for the District of Eastern Pennsylvania · 1907

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