Abbott's Estate
Supreme Court of Pennsylvania
Appeal, No. 215, Jan. T., 1900, by John Y. Huber, from decree of O. O. Phila. Co., Jan. T., 1900, No. 145, overruling exceptions to adjudication in the estate of Elizabeth E. Abbott, deceased. Exceptions to adjudication.
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Appeal, No. 215, Jan. T., 1900, by John Y. Huber, from decree of O. O. Phila. Co., Jan. T., 1900, No. 145, overruling exceptions to adjudication in the estate of Elizabeth E. Abbott, deceased. Exceptions to adjudication. The auditing judge, Hanna, P. J., found the facts to be as follows: A claim was presented by Mr. Pennewill and Mr. Bright for John Y. Huber, to recover the sum'of $14,946.33, with interest thereon from November 6, 1899, being the balance due upon testatrix’s bond and mortgage dated December 26, 1894. The claim was objected to by accountants and counsel for the legatees. From…
1Opinion of the Court
Opinion by
Mr. Justice Pele,
The bond on which the appellant’s claim is founded accom*496panied a mortgage given by the decedent on her real estate. It contains the following provisions: “ It is hereby agreed that any judgment entered by virtue of this bond shall be restricted in its lien operation and effect to the premises described in a certain mortgage bearing even date herewith, given by said obligors to the obligee.” If the provision in the bond relates only to the lien of the judgment, the appellant was entitled to share in the distribution, for a stipulation that the lien of a judgment…
2Cases cited2 opinions
- Gyger's EstateSupreme Court of Pennsylvania · 1870
- Stanton v. WhiteSupreme Court of Pennsylvania · 1859
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