Legal Opinion

Estate of Wengerd

Supreme Court of Pennsylvania

Decided October 5, 1891No. 119PublishedCited by 32 opinions

No. 119 January Term 1891, Sup. Ct.; court below, No. 407 June Term 1890, O. C. To the number and term stated of the court below, Jacob Koser and John I. Gettle, executors of the will of John Wen gerd, deceased, in obedience to a citation settled their account, exhibiting a balance in their hands for distribution. The account was referred to Mr. R. M. Parlcer, as auditor, for the purpose, inter alia, of reporting a schedule of distribution.

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No. 119 January Term 1891, Sup. Ct.; court below, No. 407 June Term 1890, O. C. To the number and term stated of the court below, Jacob Koser and John I. Gettle, executors of the will of John Wen gerd, deceased, in obedience to a citation settled their account, exhibiting a balance in their hands for distribution. The account was referred to Mr. R. M. Parlcer, as auditor, for the purpose, inter alia, of reporting a schedule of distribution. The auditor found in substance the following facts : John Wengerd, the testator, died on March 2, 1888. By his will, admitted to probate on March 9, 1888,…

1Opinion of the Court

*620Opinion,

Mr. Chief Justice Paxson:

The contention in this case arises over the following clause in the will of John Wengerd, deceased:

“ I direct my executors, hereinafter named, to sell, at public or private sale, my house and lot on the east side of Penn street, known as the pastorage; and for the purpose of enabling them to do so I hereby authorize them to make, execute, acknowledge and deliver the necessary deed or deeds to grant and convey the same to the purchaser or purchasers thereof; and the proceeds of the said sale, together with the proceeds of all bonds, notes, and cash on hand,…

2Cases cited2 opinions

  1. Appeal of CogginsSupreme Court of Pennsylvania · 1889
  2. Haverstick's AppealSupreme Court of Pennsylvania · 1883

3Cited by32 opinions

  1. Newlin EstateSupreme Court of Pennsylvania · 1951
  2. Houston EstateSupreme Court of Pennsylvania · 1964
  3. Groninger's EstateSupreme Court of Pennsylvania · 1920
  4. Sorrells v. McNallySupreme Court of Florida · 1925
  5. Weir's EstateSupreme Court of Pennsylvania · 1932

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