Legal Opinion

Estate of Eshelman

Supreme Court of Pennsylvania

Decided May 27, 1891No. 190PublishedCited by 2 opinions

No. 190 January Term 1891, Sup. Ct.; court below, number and term not shown. John Eshelman died without issue on October 6, 1885, leaving a widow, Annie E. Eshelman, the appellant, and six sisters, whose names appear in the quotation from his will below.

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No. 190 January Term 1891, Sup. Ct.; court below, number and term not shown. John Eshelman died without issue on October 6, 1885, leaving a widow, Annie E. Eshelman, the appellant, and six sisters, whose names appear in the quotation from his will below. The will of the decedent was dated June 20, 1885, and was admitted to probate on October 12, 1885. By said will, the testator devised a certain lot to David G. Beidleman; bequeathed certain chattels to two of his sisters respectively; directed the conversion into money of all the residue of his property, real and personal, and bequeathed to…

1Opinion of the Court

Opinion,

Mr. Justice Green:

If the bonds given by the decedent to his sisters were founded upon an actual, bona-fide indebtedness, previously due by him to them, the estate of the decedent was insufficient for the payment of his debts, and all other questions raised upon the record become unimportant. The auditor has found in an elaborate and exhaustive opinion that the bonds are all legitimate debts of the testator, and entitled to come in on the fund .for distribution. In this finding the learned court below has concurred, and has confirmed the auditor’s report. It is true that the auditor…

2Cases cited4 opinions

  1. Foster v. . BealsNew York Court of Appeals · 1860
  2. Hamsher v. KlineSupreme Court of Pennsylvania · 1868
  3. Horton's AppealSupreme Court of Pennsylvania · 1861
  4. Megargel's Administrator v. MegargelSupreme Court of Pennsylvania · 1884

3Cited by2 opinions

  1. Penn Furniture Co. v. Lumbermen's Mutual Fire InsuranceSuperior Court of Pennsylvania · 1911
  2. Garrett v. Wagner, Pennsylvania Court of Common Pleas, Adams County1979

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