Wagner's Estate
Superior Court of Pennsylvania
Appeal, No. 3, Oct. T., 1914, by David U. Wagner et al., from decree of O. C. Lebanon Co., July T., 1910, No. 4, sustaining exceptions to auditor’s report in Estate of Gideon Wagner, deceased. Exceptions to report of A. Stewart Ulrich, Esq., auditor. From the record it appeared that Gideon Wagner died on May 2, 1910, intestate. Lydia Wagner, his widow, was appointed executrix of his estate, and subsequently trustee in partition proceedings.
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Appeal, No. 3, Oct. T., 1914, by David U. Wagner et al., from decree of O. C. Lebanon Co., July T., 1910, No. 4, sustaining exceptions to auditor’s report in Estate of Gideon Wagner, deceased. Exceptions to report of A. Stewart Ulrich, Esq., auditor. From the record it appeared that Gideon Wagner died on May 2, 1910, intestate. Lydia Wagner, his widow, was appointed executrix of his estate, and subsequently trustee in partition proceedings. She sold as such trustee one of the farms of the decedent to five of the seven children of the decedent, and took a note from the purchasers in the…
1Opinion of the Court
Opinion by
Trexler, J.,
The five defendants bought the farm of their deceased father, which was sold by his widow as trustee in partition proceedings. They received the deed but did not pay the consideration money. Instead, they gave a note payable sixty days after date, which had an indorsement on its back, without date, to the effect that the consideration was to be paid out of the shares of the purchasing heirs, to be treated as an advancement to them, and the note was not to draw any interest at any time, nor be repaid, unless to such extent as funds were required to pay the cost of the…
2Cited by2 opinions
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