Legal Opinion

Mizener's Estate

Superior Court of Pennsylvania

Decided July 17, 1919No. 1; Appeal, No. 120PublishedCited by 2 opinions

Appeal, No. 120, January T., 1919, by Nellie M. Lowry, from decree of O. C. Erie Co., November T., 1916, No. 58, dismissing exceptions to adjudication in Estate of E. A. Mizener.' Exceptions to adjudication. Before Rossiter, P. J. The court dismissed the exceptions. The facts appear in the opinion of the Superior Court and in Mizener’s Estate, 262 Pa. 62. Error assigned was the decree of the court.

1Opinion of the Court

Opinion by

Henderson, J.,

A reargument was ordered in this case because of a misunderstanding by this court of an oral statement of counsel for the appellants and appellee as to the effect of the decision on an appeal in the same estate then pending in the Supreme Court, in which case the question now before us was incidentally involved. After the argument here a decision was handed down in the Supreme Court, Mizener’s Est., 262 Pa. 62, in which the'main question controlling this appeal was decided in favor of the appellant. The contention in each of the cases arose out of the third codicil to…

2Cases cited1 opinion

  1. Mizener's EstateSupreme Court of Pennsylvania · 1918

3Cited by2 opinions

  1. Beatty v. HottensteinSupreme Court of Pennsylvania · 1955
  2. Neville's EstatePennsylvania Orphans' Court, Philadelphia County · 1933

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