Lininger's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Franldin county: Of May Term 1885, No. 20. This was an appeal by John Lininger and Samuel B. Lininger, executors of and legatees under the will of Samuel Lininger, deceased, dismissing their exceptions to and confirming the report of the Auditor appointed to distribute the balance in their hand as executors.
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Appeal from the Orphans’ Court of Franldin county: Of May Term 1885, No. 20. This was an appeal by John Lininger and Samuel B. Lininger, executors of and legatees under the will of Samuel Lininger, deceased, dismissing their exceptions to and confirming the report of the Auditor appointed to distribute the balance in their hand as executors. The facts of the case were substantially as follows: Samuel Lininger died April 11th, 1880, leaving to survive him a widow, Margaret Lininger, and four children, viz., John, Samuel B., Susan and Lydia. By his will dated January 28th, 1880, said Samuel…
1Opinion of the CourtJustice Gordon
■' .We cannot regard it otherwise than as remarkable that, in the face of the very clear and explicit terms of the will of Samuel Lininger, and the previous intimation of this court, as found in Lininger’s App., 5 Out., 161, these appellants should have been surcharged with the McElhare *401judgment. In that ease the attempt was made, in contravention of the expressed will of the testator, to compel the executors to take out letters, but we refused to sanction the effort thus made. Mr. Justice Mercur, in delivering the opinion of this court, remarked inter alia: “An inventory or appraisement of…
2Cited by6 opinions
- Allen v. HirlingerSupreme Court of Pennsylvania · 1907
- Hahn v. HutchinsonSupreme Court of Pennsylvania · 1893
- Gramm EstateSupreme Court of Pennsylvania · 1966
- Mercur's EstateSupreme Court of Pennsylvania · 1892
- Folchman Estate, Pennsylvania Court of Common Pleas, Chester County1974
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