Kimberly's Estate
Supreme Court of Pennsylvania
Appeal, No. 43, Oct. T., 1915, by John C. Bell, Attorney General for the Commonwealth of Pennsylvania, from decree of O. C. Mercer Co., Jan. T., 1913, No. 19, dismissing exceptions to report, of auditor in estáte of Peter L. Kimberly, deceased. Excéptions to report óf Q. Á. Gordon, Ésq., Auditor. Before-Williams, P. j. , The opinion of the Supreme Court states the facts. • ~ Thé court dismissed the exceptions.
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Appeal, No. 43, Oct. T., 1915, by John C. Bell, Attorney General for the Commonwealth of Pennsylvania, from decree of O. C. Mercer Co., Jan. T., 1913, No. 19, dismissing exceptions to report, of auditor in estáte of Peter L. Kimberly, deceased. Excéptions to report óf Q. Á. Gordon, Ésq., Auditor. Before-Williams, P. j. , The opinion of the Supreme Court states the facts. • ~ Thé court dismissed the exceptions. John C; Bell, Attorney General for the Commonwealth of Pennsylvania, appealed. : Error assigned was in dismissing the exceptions.
1Opinion of the Court
Opinion by
Mr. Justice Moschzisker,
By the will of Peter L. Kimberly, deceased, all his estate was given to John C. Owsley, of Sharon, Pennsylvania,.Ira B. Bassett, of Cleveland, Ohio,, and George A. Baird, of Chicago, Illinois, as “executors and trustees,” in trust, with defined powers to enable them conveniently and without sacrifice to marshal the assets and make distribution in kind where such course should seem advisable. A period of five years from death of testator was allowed for settlement, with permission to make earlier distribution, according to their discretion. While the entire…
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