Legal Opinion

Estate of Harbster

Pennsylvania Orphans' Court, Berks County

Decided March 17, 1890No. 268PublishedCited by 2 opinions

No. 268 January Term 1890, Sup. Ct.; court below, number and term not given. On November 14, 1889, Howard E. Harbster petitioned the court below for a citation against John G. Mohn and Jacob Holl, executors of the will of William Harbster, deceased, requiring them to show cause why they should not pay to the petitioner the principal of a legacy bequeathed by said will.

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No. 268 January Term 1890, Sup. Ct.; court below, number and term not given. On November 14, 1889, Howard E. Harbster petitioned the court below for a citation against John G. Mohn and Jacob Holl, executors of the will of William Harbster, deceased, requiring them to show cause why they should not pay to the petitioner the principal of a legacy bequeathed by said will. The petition averred that William Harbster died June 16,1885, leaving a will dated May 11, 1885, duly admitted to probate, and containing the following provisions : “ 2. I give and bequeath to each of my six children, viz.:…

1Opinion of the Court

Opinion,

Mr. Justice Green:

The testator made no gift directly to his son Howard of any part of the residue of his estate. The whole of the residue was directed to be divided into seven equal shares or parts, two of which he gave absolutely to two of his daughter’s. He *357then directs that his executors shall invest one seventh for each of two daughters and two sons; one of the latter being Howard, the appellee. The investment is to be made by the executors “ in good and reliable securities, for the use of my son Howard Ellsworth Harbster.” The testator then further directs “ that the interest of…

2Cases cited5 opinions

  1. Sheets' EstateSupreme Court of Pennsylvania · 1866
  2. Haldeman v. HaldemanSupreme Court of Pennsylvania · 1861
  3. Bacon's AppealSupreme Court of Pennsylvania · 1868
  4. Emma Myers's AppealSupreme Court of Pennsylvania · 1865
  5. Davis's AppealSupreme Court of Pennsylvania · 1882

3Cited by2 opinions

  1. Hoopes's EstateSupreme Court of Pennsylvania · 1911
  2. (SS) Johnson v. Commissioner of Social SecurityDistrict Court, E.D. California · 2024

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