Legal Opinion

Myer v. Myer

Supreme Court of Pennsylvania

Decided July 21, 1898No. Appeal, No. 80PublishedCited by 3 opinions

Appeal, No. 80, Jan. T., 1898, by plaintiff, from decree of O. C. Lancaster Co., dismissing petition for citation. Petition for citation. Before Brubaker, J. Samuel R. Myer died May 6, 1876, testate, leaving to survive liim a widow and minor children. He appointed bis brother, Jacob R. Myer, and bis business partner, John D. Buck-waiter, executors.

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Appeal, No. 80, Jan. T., 1898, by plaintiff, from decree of O. C. Lancaster Co., dismissing petition for citation. Petition for citation. Before Brubaker, J. Samuel R. Myer died May 6, 1876, testate, leaving to survive liim a widow and minor children. He appointed bis brother, Jacob R. Myer, and bis business partner, John D. Buck-waiter, executors. The will provided as follows: “ The shares of those of my children not of age at the time shall remain in the hands of my executors during their minority, and to be paid them respectively as they arrive at twenty-one years of age.” One of the minor…

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

This appeal is from the decree of the court below discharging the rule to show cause why a citation to file an account should not issue, etc.

The will of Samuel R. Myer, Sr., who died in May, 1876, provides that the shares of liis children shall remain in the hands of the executors “during their minority, and he paid to them respectively as they arrive at twenty-one years of age.” In 1877, the executors filled their first account, in which each executor is charged with the amount actually received by him. In 1884, they filed their second and final account,…

2Cases cited4 opinions

  1. Estate of FesmireSupreme Court of Pennsylvania · 1890
  2. Hall v. BoydSupreme Court of Pennsylvania · 1847
  3. Stell's AppealSupreme Court of Pennsylvania · 1848
  4. Irwin's AppealSupreme Court of Pennsylvania · 1860

3Cited by3 opinions

  1. Cheever v. EllisMichigan Supreme Court · 1906
  2. Herr v. United States Casualty Co.Supreme Court of Pennsylvania · 1943
  3. Waters EstatePennsylvania Orphans' Court, Philadelphia County · 1948

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