Fleming's Estate
Supreme Court of Pennsylvania
Appeal, No. 47, Oct. T., 1907, by Cochran Fleming, from decree of O. C. Allegheny Co., Sept. Term, 1904, No. 116, awarding an attachment in Estate of John Fleming, deceased. Petition for attachment. The facts appear by the opinion of the Supreme Court. Error assigned was the decree awarding the attachment.
1Opinion of the Court
Opinion by
Mr. Justice Mestrezat,
As suggested by the learned judge of the court below, the real question in this case is whether or not a power of election to take under the intestate law is an asset for the discharge of trust liabilities.
John Fleming died in 1870, leaving a will, in which, inter alia, ho bequeathed $20,000 to his brother, Cochran Fleming, in trust to pay the incometo James P. Fleming for life and then the principal to the latter’s children, the petitioners in this proceeding. James P. Fleming having died, Cochran Fleming filed his account, and on December 16, 1904, a decree…
2Cases cited6 opinions
- Jones v. CliftonSupreme Court of the United States · 1880
- Crozier's AppealSupreme Court of Pennsylvania · 1879
- Appeal of JacksonSupreme Court of Pennsylvania · 1889
- Davis's AppealSupreme Court of Pennsylvania · 1859
- Clarke's AppealSupreme Court of Pennsylvania · 1875
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Harris EstateSupreme Court of Pennsylvania · 1944
- Belcher v. Government Employees InsuranceCourt of Appeals of Maryland · 1978
- McCutcheon's EstateSupreme Court of Pennsylvania · 1925
- Celenza's EstateSupreme Court of Pennsylvania · 1932
- Estate of Nordquist v. SahlbomSupreme Court of Minnesota · 1911
13 more not listed; retrieve them via the Exa API.