Legal Opinion

Commonwealth v. Naile

Supreme Court of Pennsylvania

Decided May 5, 1879PublishedCited by 6 opinions

Error to the Court of Common Pleas, No. 1, of Philadelphia, county: Of July Term 1878, No. 133. This was a proceeding by the Commomvealth ex rel. George N. Watson, to escheat an estate, formerly the property of Cecilia Erben, in the possession of William E. Naile, trustee under the will of Henry Sell.

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Error to the Court of Common Pleas, No. 1, of Philadelphia, county: Of July Term 1878, No. 133. This was a proceeding by the Commomvealth ex rel. George N. Watson, to escheat an estate, formerly the property of Cecilia Erben, in the possession of William E. Naile, trustee under the will of Henry Sell. The inquisition filed showed that a jury of inquest, duly summoned, found “ that Cecilia Erben, late of the city of Philadelphia aforesaid, died in 1852, intestate, without heirs or any known kindred, and that she was possessed at the time of her decease of the following personal estate, to wit:…

1Opinion of the CourtJustice Woodward

Henry Sell died in 1842. By his will, executed on the 2d of November 1841, he devised his real estate to George M. Stroud as trustee, directing that it should be leased; that $300 of the rents should be paid annually to his wife during her life, and that the residue should be paid to his parents and the survivor of them during the natural life of such survivor. Upon the death of his father, mother and wife, the testator required that the trustee should sell the land, pay $500 of the proceeds to a nephew, and distribute the remainder amongst his brothers and sisters then living, and the…

2Cases cited3 opinions

  1. Case of ClarkIndiana Supreme Court · 1821
  2. Seibert v. ButzSupreme Court of Pennsylvania · 1840
  3. Crawford v. CommonwealthSupreme Court of Pennsylvania · 1833

3Cited by6 opinions

  1. Alpern v. Girard Trust Corn Exchange BankSupreme Court of Pennsylvania · 1961
  2. Commonwealth Ex Rel. Reno v. Pennsylvania Co.Supreme Court of Pennsylvania · 1940
  3. McGlensey's EstatePennsylvania Orphans' Court, Philadelphia County · 1926
  4. Buechley's EstatePennsylvania Orphans' Court, Schuylkill County · 1936
  5. In re Harrisburg Bridge Co., Pennsylvania Court of Common Pleas, Dauphin County1940

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