Legal Opinion

Jackson v. Myers

Supreme Court of Pennsylvania

Decided March 12, 1917No. Appeal, No. 235PublishedCited by 16 opinions

Appeal, No. 235, Jan. T., 1916, by defendant, from judgment of C. P. No. 5, Philadelphia Co., March T., 1916, No. 1924, for plaintiffs, for want of a sufficient affidavit of defense, in case of Joseph A. Jackson, Bessie A. Jackson Curtis, Joseph Jackson Restein and James Restein v. Arthur J. Myers, Guardian of Lillian M. Jackson and Ariel K. Jackson, Minors. Assumpsit for the amount of collateral inheritance tax paid by plaintiffs upon a decedent’s real estate.

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Appeal, No. 235, Jan. T., 1916, by defendant, from judgment of C. P. No. 5, Philadelphia Co., March T., 1916, No. 1924, for plaintiffs, for want of a sufficient affidavit of defense, in case of Joseph A. Jackson, Bessie A. Jackson Curtis, Joseph Jackson Restein and James Restein v. Arthur J. Myers, Guardian of Lillian M. Jackson and Ariel K. Jackson, Minors. Assumpsit for the amount of collateral inheritance tax paid by plaintiffs upon a decedent’s real estate. Rule for judgment for want of a sufficient affidavit of defense. Before Martin, P. J. The opinion of the Supreme Court states the…

1Opinion of the Court

Opinion by

Mr. Justice Mestrezat,

This is a rule for judgment for want of a sufficient affidavit of defense. The rule was made absolute, and the defendant has appealed.

George W. Jackson died intestate, unmarried, and without issue, leaving to survive him Joseph A. Jackson, a half-brother, Bessie A. Jackson Curtis, a half-sister, and Joseph Jackson Restein and James Restein, sons of a deceased half-sister, who are the plaintiffs in this action. He also left surviving him two nieces, Lillian M. *106Jackson and Ariel K. Jackson, minor children of a deceased brother of the whole blood, Daniel W.…

2Cases cited3 opinions

  1. Strode v. CommonwealthSupreme Court of Pennsylvania · 1866
  2. Orcutt's AppealSupreme Court of Pennsylvania · 1881
  3. Finnen's EstateSupreme Court of Pennsylvania · 1900

3Cited by16 opinions

  1. Tack's EstateSupreme Court of Pennsylvania · 1937
  2. Kirkpatrick's EstateSupreme Court of Pennsylvania · 1922
  3. Thommen v. Aldine Trust Co.Supreme Court of Pennsylvania · 1930
  4. Lederer v. Northern Trust Co.Court of Appeals for the Third Circuit · 1920
  5. Hazard v. Board of Tax CommissionersSupreme Court of Rhode Island · 1921

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