Legal Opinion

Smith v. Metzger

Superior Court of Pennsylvania

Decided February 25, 1907No. Appeal, No. 235PublishedCited by 4 opinions

Appeal, No. 235, Oct. T., 1905, by plaintiffs, from decree of O. C. Lancaster Co., Sept. T., 1904, No. 64, dismissing exceptions to adjudication in case of Levi Smith et al. v. Mary E. Metzger et al. Exceptions to adjudication. Before Smith, P. J. The facts are stated in the opinion of the Superior Court. Errors assigned were in dismissing exceptions to adjudication.

1Opinion of the Court

Opinion by

Porter, J.,

Charles W. Metzger executed his last will on April 14, *5971897, and a codicil thereto on May 1, 1897, and died on May 2, 1897. The part of the fund in the hands of the executor, the accountant, involved in this appeal is the rent collected from a certain bake-house property, fronting on south Christian street, and the lot of land thereto appurtenant. A dispute having arisen as to who was entitled to these rents, under the provisions of the will, the parties interested permitted the executor to collect the rents, and none of the assignments of error raised the question of…

2Cases cited6 opinions

  1. Wusthoff v. DracourtSupreme Court of Pennsylvania · 1834
  2. Willard's EstateSupreme Court of Pennsylvania · 1871
  3. Estate of RootSupreme Court of Pennsylvania · 1898
  4. Best v. HammondSupreme Court of Pennsylvania · 1867
  5. Myers v. MyersSuperior Court of Pennsylvania · 1901

1 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Metzger's EstateSupreme Court of Pennsylvania · 1908
  2. Metzger's EstateSupreme Court of Pennsylvania · 1913
  3. Hunter v. HunterSuperior Court of Pennsylvania · 1908
  4. Metzger's EstateSuperior Court of Pennsylvania · 1912

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