Legal Opinion

Estate of Williamson

Supreme Court of Pennsylvania

Decided October 5, 1891No. 198PublishedCited by 2 opinions

No. 198 July Term 1890, Sup. Ct.; court below, No. 484 March (?) Term 1890, O. C. On March 31, 1890, D. B. Cummins, surviving executor of the will of Isaiah Y. Williamson, deceased, filed his first account, wherein he charged himself with principal amounting to $10,380,654.86, taking credit for disbursements out of the same amounting to $1,574,552.60, on account of debts, expenses of administration and settlement, collateral inheritance taxes and legacies.

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No. 198 July Term 1890, Sup. Ct.; court below, No. 484 March (?) Term 1890, O. C. On March 31, 1890, D. B. Cummins, surviving executor of the will of Isaiah Y. Williamson, deceased, filed his first account, wherein he charged himself with principal amounting to $10,380,654.86, taking credit for disbursements out of the same amounting to $1,574,552.60, on account of debts, expenses of administration and settlement, collateral inheritance taxes and legacies. He charged himself, also, with income realized upon the estate between the death of the testator and the filing of the. account amounting…

1Opinion of the Court

Opinion,

Mr. Justice Green:

The practical and only question in this case is, whether the residuary clause of the testator’s will is in conflict with the provision against accumulations of the act of April 18, 1853, § 9, P. L. 503, so far as the income of the estate for the first year after the testator’s death is concerned. As to the remaining nine years of the period of ten years, during which the residuary income is to be accumulated, there is no question before us, and probably never will be, in view of the very direct provision for accumulation contained in the residuary clause of the will.

I…

2Cited by2 opinions

  1. Williamson's EstateSupreme Court of Pennsylvania · 1893
  2. Nixon v. NixonPennsylvania Orphans' Court, Lawrence County · 1948

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