Legal Opinion

Montgomery's Estate

Superior Court of Pennsylvania

Decided July 18, 1916No. Appeal, No. 17PublishedCited by 13 opinions

Appeal, No. 17, Oct. T., 1915, by Peoples Trust Company of Lancaster, Trustee of Millard F. Montgomery and Edith Curry, from decree of O. C. Lancaster Co., Sept. T., 1914, No. 68, dismissing exceptions to adjudication in Estate of John C. Montgomery, deceased. Exceptions to adjudication. Before Smith, P. J. The opinion of the Superior Court states the case. Error assigned was in dismissing exceptions to adjudication. The appraisement was improper: Burkhart’s Est., 25 Pa.

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Appeal, No. 17, Oct. T., 1915, by Peoples Trust Company of Lancaster, Trustee of Millard F. Montgomery and Edith Curry, from decree of O. C. Lancaster Co., Sept. T., 1914, No. 68, dismissing exceptions to adjudication in Estate of John C. Montgomery, deceased. Exceptions to adjudication. Before Smith, P. J. The opinion of the Superior Court states the case. Error assigned was in dismissing exceptions to adjudication. The appraisement was improper: Burkhart’s Est., 25 Pa. Superior Ct. 515; Coxe’s Est., 181 Pa. 360; Coxe’s Est., 193 Pa. 100; Jewell’s Est., 235 Pa. 123; Cooper’s Est., 127 Pa.…

1Opinion of the Court

Opinion by

Trexler, J.,

John C. Montgomery in the third paragraph of his will placed his personal estate in the hands of a trustee, and directed that the net income of the estate be paid to his brother, M. F. Montgomery, during his natural life, and at his death, to a niece, Edith Curry, during her natural life, and at the death of the said M. F. Montgomery or Edith Curry, or the survivor of them, he bequeathed the principal unto the children of the said Edith Curry, if any were left to survive her, and if no children were left to survive her, then he directed said trustee to convert the…

2Cases cited4 opinions

  1. Estate of CoxeSupreme Court of Pennsylvania · 1899
  2. Gyger's EstateSupreme Court of Pennsylvania · 1870
  3. Burkhart's EstateSuperior Court of Pennsylvania · 1904
  4. Commonwealth v. GilkesonSuperior Court of Pennsylvania · 1901

3Cited by13 opinions

  1. Commonwealth v. BienkowskiSuperior Court of Pennsylvania · 1939
  2. Estate of MossSuperior Court of Pennsylvania · 1923
  3. Youngblood's EstateSuperior Court of Pennsylvania · 1935
  4. Mayer's EstateSupreme Court of Pennsylvania · 1938
  5. Commonwealth v. ReimelSuperior Court of Pennsylvania · 1917

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