Legal Opinion

Buckland's Estate

Supreme Court of Pennsylvania

Decided March 17, 1913No. Appeal, No. 411PublishedCited by 14 opinions

Appeal, No. 411, Jan. T., 1912, by Ida V. White, Alice G. Hill, Cyrus A. Byers, Emma Y. Mitchell and Norristown Trust Company, Guardian of Charles A. Byers, a minor, from decree of O. C. Montgomery. Co., July Court, 1912, No. 16, dismissing exceptions and confirming appraisement in the matter of the Estate of Florence P. Buckland, deceased.

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Appeal, No. 411, Jan. T., 1912, by Ida V. White, Alice G. Hill, Cyrus A. Byers, Emma Y. Mitchell and Norristown Trust Company, Guardian of Charles A. Byers, a minor, from decree of O. C. Montgomery. Co., July Court, 1912, No. 16, dismissing exceptions and confirming appraisement in the matter of the Estate of Florence P. Buckland, deceased. Petition of administrator c. t. a. of surviving husband of decedent to have real estate of the value of $5,000.00 set apart to him under the provisions of the Act of April 1, 1909, P. L. 87. Before Solly, P. J. The opinion of the Supreme Court states the…

1Opinion of the Court

Opinion by

Mc. Justice Elkin,

Three questions are raised by this appeal, or, more accurately speaking, two questions are raised by counsel for appellant, and one by counsel for appellee. We will discuss these questions in the following order.

It is contended that the provision of the Act of 1909 relating to the procedure for making the appraisement is simply in aid of distribution, and is without finality until there shall be a final distribution of the estate. In *611other words, it is the distribution and not the appraisement that determines the rights of the parties, and hence the decree…

2Cases cited8 opinions

  1. Guenthoer's EstateSupreme Court of Pennsylvania · 1912
  2. Sellers's EstateSupreme Court of Pennsylvania · 1876
  3. Greiner's AppealSupreme Court of Pennsylvania · 1883
  4. Paul's Executors v. PaulSupreme Court of Pennsylvania · 1860
  5. Runyan's AppealSupreme Court of Pennsylvania · 1856

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

3Cited by14 opinions

  1. Arnold's EstateSupreme Court of Pennsylvania · 1915
  2. McCutcheon's EstateSupreme Court of Pennsylvania · 1925
  3. In re the Estate of CoffinNew York Surrogate's Court · 1934
  4. Clark EstateSupreme Court of Pennsylvania · 1923
  5. Peden EstateSupreme Court of Pennsylvania · 1962

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

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