Legal Opinion

Appeal of Kline

Supreme Court of Pennsylvania

Decided October 3, 1887No. 270PublishedCited by 12 opinions

FROM THE COURT OF COMMON PLEAS OF UNION COUNTY. No. 270 January Term 1887, Sup. Ct.; court below, No. 1 September Term 1882, C. P. in equity. In the court below a bill in equity was filed on June 4,1882, by Julia A. Hagenbuch, widow of Peter Hagenbuch, deceased, against David A. Kline, Thomas W. and Samuel B. Hagenbuch, executors of the will of said deceased, for an account. Mr. Kline only was served.

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FROM THE COURT OF COMMON PLEAS OF UNION COUNTY. No. 270 January Term 1887, Sup. Ct.; court below, No. 1 September Term 1882, C. P. in equity. In the court below a bill in equity was filed on June 4,1882, by Julia A. Hagenbuch, widow of Peter Hagenbuch, deceased, against David A. Kline, Thomas W. and Samuel B. Hagenbuch, executors of the will of said deceased, for an account. Mr. Kline only was served. Peter Hagenbuch died on February 17, 1875, leaving a will which was duly proven, dated January 11, 1875, the portions thereof relating to the provisions made for his widow being as follows :■ —…

1Opinion of the Court

Opinion,

Mr. Chief Justice Gordon :

Whatever of estate Julia A. Hagenbuch took in the property of her husband, she took under his will, and she is, therefore, bound by a proper interpretation thereof and by the intention of the testator as therein expressed. We must, then, look to that will to discover the rights of the parties litigant; to the intention of the testator, and not merely to the technical effect of the expressions of which he may have made use. Keeping this rule in view we think the matter before us is not difficult of solution.

By his will Peter Hagenbuch gave to his wife, Julia…

2Cited by12 opinions

  1. Carmany EstateSupreme Court of Pennsylvania · 1947
  2. Gibbons's EstateSupreme Court of Pennsylvania · 1935
  3. Sharpe v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1939
  4. Butterworth v. CommissionerUnited States Board of Tax Appeals · 1931
  5. Roberts v. HenselSupreme Court of Pennsylvania · 1941

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