Brenneman' Estate
Superior Court of Pennsylvania
Appeal, No. 17, March T., 1901, by Matilda Yinger et al., from decree of O. C. York Co., dismissing exceptions to auditor’s report in the Estate of Abraham Brenneman, Deceased. Exceptions to report of H. C. Niles, Esq., auditor. W. F. Bay Stewart, J., filed the following opinion: The testator made an unequal division of his estate among his children. To his son, George W. Brenneman, he gave $300 less than one full equal share.
Read the full summary
Appeal, No. 17, March T., 1901, by Matilda Yinger et al., from decree of O. C. York Co., dismissing exceptions to auditor’s report in the Estate of Abraham Brenneman, Deceased. Exceptions to report of H. C. Niles, Esq., auditor. W. F. Bay Stewart, J., filed the following opinion: The testator made an unequal division of his estate among his children. To his son, George W. Brenneman, he gave $300 less than one full equal share. To Mary A. Mitzel, a daughter, he gave $1.00. The balance on the account of his executor amounts to $10,327.02. This unequal division occasioned naturally…
1Opinion of the Court
Opinion by
William W. Portee., J.,
The agreement upon which the award in distribution was made to the appellee was in writing. It was under seal. It was, by its own recitals, based upon a “ valuable consideration.” *81It was between brothers and sisters, children of the testator. Its purpose was the equalization of distribution of his estate among them, and was, therefore, in the nature of a family settlement. It was clearly a binding and enforceable obligation. It is urged that it was executed in consideration of a promise that the moneys passing under it would be returned by the mating of a will…
2Cited by2 opinions
- Iacovino v. CaterinoSupreme Court of Pennsylvania · 1938
- Devore's EstateSuperior Court of Pennsylvania · 1925