Legal Opinion

Gingrich's Estate

Supreme Court of Pennsylvania

Decided October 11, 1909No. Appeal, No. 1PublishedCited by 1 opinion

Appeal, No. 1, May T., 1909, by Malinda Gingrich, from judgment of Superior Court, March T., 1908, No. 16, reversing decree of O. C. Dauphin Co., dismissing petition to enforce charge on land in Estate of Cyrus Gingrich, deceased. Appeal from Superior Court. The facts appear from the report of the case in 36 Pa. Superior Ct. 266, and by the opinion of the Supreme Court. Error assigned was the judgment of the Superior Court.

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

The testator was the owner of two adjoining farms, each tenanted by a son. On one of these farms which he designated as No. 2, he had erected a separate 'building apart from the farm buildings, which he himself occupied with his wife. By his will he gave to either son the farm he tenanted at a valuation, and charged upon each farm the sum of $5,000, out of the purchase money, the interest to be paid to his widow during her life, and in case either son declined to accept under the terms, the farm devised to such one was to be sold. The devisees accepted, and ten…

2Cases cited6 opinions

  1. Walters's EstateSupreme Court of Pennsylvania · 1901
  2. Gibson's AppealSupreme Court of Pennsylvania · 1855
  3. Swoope's AppealSupreme Court of Pennsylvania · 1856
  4. Graham v. AbbottSupreme Court of Pennsylvania · 1904
  5. Santee v. SanteeSupreme Court of Pennsylvania · 1870

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

3Cited by1 opinion

  1. Gerke v. Citizens State BankIndiana Court of Appeals · 1919

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