Legal Opinion

Gibson's Estate

Supreme Court of Pennsylvania

Decided April 16, 1894No. Appeal, No. 246PublishedCited by 9 opinions

Appeal, No. 246, Jan. T., 1894, by the Fidelity, Insurance Trust and Safe Deposit Company et al., executors of Henry C. Gibson, deceased, from decree of O. C. Phila. Co., April T., 1893, No. 383, dismissing exceptions to adjudication of appellants’ account. Adjudication of executors’ account.

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Appeal, No. 246, Jan. T., 1894, by the Fidelity, Insurance Trust and Safe Deposit Company et al., executors of Henry C. Gibson, deceased, from decree of O. C. Phila. Co., April T., 1893, No. 383, dismissing exceptions to adjudication of appellants’ account. Adjudication of executors’ account. At the audit, before Ashman, J., Samuel G. Diehl, a real estate broker, presented a claim for $1,150 commissions on the sale of the property No. 813 Chestnut street, which decedent in his lifetime sold to the Commonwealth Trust Company. The auditing judge found the facts to be as follows : “In the spring…

1Opinion of the Court

Per Curiam,

After a careful and attentive reading of the testimony in this case we think the opinion and findings of the auditing judge are sustained, and, being confirmed by the decree of the orphans’ court, we regard the decree so far as the facts are concerned as we would the verdict of a jury, the question at issue being a question of fact only. It is clear upon the testimony of Mr. Dechert, and it was so found by the auditing judge, and confirmed by the orphans’ court, that the appellee was the person who first brought the buyer and seller together. It is also clearly proved by Mr.…

2Cases cited1 opinion

  1. Reed's Executors v. ReedSupreme Court of Pennsylvania · 1877

3Cited by9 opinions

  1. Axilbund v. McAllisterSupreme Court of Pennsylvania · 1962
  2. Wilson v. FranklinSupreme Court of Pennsylvania · 1924
  3. Shapira v. Union Trust Co., Exr.Supreme Court of Pennsylvania · 1931
  4. Warne v. JohnstonSuperior Court of Pennsylvania · 1911
  5. Prenzel, Tr. v. Apex Hosiery Co., Inc.Supreme Court of Pennsylvania · 1929

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