Appeal of Schwartz
Supreme Court of Pennsylvania
APPEAL FROM THE DECREE OF THE ORPHANS’ COURT OF BERKS COUNTY. No. 362 January Term 1887, Sup. Ct.; court below, No. 19 Argument L. 1885, O. C. At tbe adjudication, on June 4, 1886, of tbe accounts of Adam H. Scbwartz, executor and trustee, a contention arose upon certain provisions of tbe will of Jacob L. Moyer, deceased, dated August 15,1881. Tbe testator died February 2, 1882; tbe will was duly admitted to probate and tbe provisions thereof material to this cause were as…
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APPEAL FROM THE DECREE OF THE ORPHANS’ COURT OF BERKS COUNTY. No. 362 January Term 1887, Sup. Ct.; court below, No. 19 Argument L. 1885, O. C. At tbe adjudication, on June 4, 1886, of tbe accounts of Adam H. Scbwartz, executor and trustee, a contention arose upon certain provisions of tbe will of Jacob L. Moyer, deceased, dated August 15,1881. Tbe testator died February 2, 1882; tbe will was duly admitted to probate and tbe provisions thereof material to this cause were as follows: 9. Item. [I give and devise unto Adam H. Scbwartz all that certain forunstory brick store stand, dwelling bouse,…
1Opinion of the Court
Opinion,
Mr. Chief Justice Gordon :
The learned counsel for the appellant has not satisfied us that the court below erred in its decree of distribution. We adopt the construction of the will of Jacob L. Moyer given by the learned judge of the Orphans’ Court. It is undoubtedly somewhat obscure, but we think that the true intention of the testator has been ascertained with reference to the devise to John.
In case of John’s want of success in the business which his father had bequeathed to him, the executor is directed to sell out his interest in that business, and “ any loss which may be sustained…
2Cited by6 opinions
- In re Estate of EdwardsSupreme Court of Pennsylvania · 1899
- Mayer v. CommissionerUnited States Board of Tax Appeals · 1929
- Long's EstateSuperior Court of Pennsylvania · 1909
- McCall v. CommissionerUnited States Board of Tax Appeals · 1932
- Castner EstateSupreme Court of Pennsylvania · 1963
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