Ellwanger v. Moore
Supreme Court of Pennsylvania
Appeal, No. 65, Jan. T., 1903, by trustees, from order of C. P. No. 2, Pkila. Co., Sept. T., 1899, No. 3259, discharging rule to strike off writ of fieri facias in case of George Ellwanger and William C. Barry, Copartners, trading as Ellwanger & Barry, v. A. H. Moore, Defendant, and the Fidelity Trust Company, Joseph F. Sinnott and Walton Pennewill, Executors and Trustees of Andrew M. Moore, Deceased, Garnishees. Rule to strike off fieri facias.
Read the full summary
Appeal, No. 65, Jan. T., 1903, by trustees, from order of C. P. No. 2, Pkila. Co., Sept. T., 1899, No. 3259, discharging rule to strike off writ of fieri facias in case of George Ellwanger and William C. Barry, Copartners, trading as Ellwanger & Barry, v. A. H. Moore, Defendant, and the Fidelity Trust Company, Joseph F. Sinnott and Walton Pennewill, Executors and Trustees of Andrew M. Moore, Deceased, Garnishees. Rule to strike off fieri facias. The facts appear by the opinion of the Supreme Court. Error assigned amongst others was in discharging the rule.
1Opinion of the Court
Opinion by
Mr. Justice Mestbezat,
Andrew M. Moore died January 26, 1898. By his last will and testament, dated January 21, 1898, and probated February 10, 1898, he appointed the Fidelity Trust Company, Joseph F. Sinnott and Walton Pennewill his executors and trustees, to whom letters testamentary were granted by the register of wills of Philadelphia county. After making certain specific bequests, the testator directed that all the residue of his estate, real and personal, should be divided into three equal parts or shares and the one third part thereof he bequeathed to his executors and…
2Cases cited6 opinions
- Hammett's AppealSupreme Court of Pennsylvania · 1877
- Maurer v. KerperSupreme Court of Pennsylvania · 1883
- Strong's v. BassSupreme Court of Pennsylvania · 1860
- Yocum v. Commercial National BankSupreme Court of Pennsylvania · 1900
- Lorenz's Administrators v. KingSupreme Court of Pennsylvania · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Overbrook Heights Building & Loan Ass'n v. WilsonSupreme Court of Pennsylvania · 1939
- Deutsch, Larrimore & Farnish, P.C. v. Joyce & William JohnsonSupreme Court of Pennsylvania · 2004
- Crawford v. CommissionerUnited States Tax Court · 1966
- Pennsylvania Co. v. YoungmanSupreme Court of Pennsylvania · 1934
- Link Building & Loan Ass'n v. MelnickSupreme Court of Pennsylvania · 1936
8 more not listed; retrieve them via the Exa API.