Leslie's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Lawrence county: No. 95, to October and November Term 1869. In the estate of George Leslie, deceased. George Leslie died July 31st 1859, having made his will dated on the 22d of the same month, and proved August 27th 1859. Besides other devises and bequests he provided as follows:— “ Fifth.
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Appeal from the decree of the Orphans’ Court of Lawrence county: No. 95, to October and November Term 1869. In the estate of George Leslie, deceased. George Leslie died July 31st 1859, having made his will dated on the 22d of the same month, and proved August 27th 1859. Besides other devises and bequests he provided as follows:— “ Fifth. I give and b.equeath unto my beloved wife, Martha Leslie, after all my just debts and funeral expenses are paid, and the foregoing bequest to my daughter shall also be paid, the one-third of all my personal property absolutely, and also the one-third of all…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Thompson, 0. J. —
The term “partial” account in the Orphans’ Court implies, ipso facto, that nothing is settled by it but those matters constituting the items in question in the statement itself. That was what was meant in Rhoads’ Appeal, 3 Wright 186; — ■ the case stands for that and no more.
It seems to us, therefore, that the auditor and court below administered the rule of that case erroneously in its application to this, and without giving the requisite consideration to the nature of the partial account filed by the executors of…
2Cases cited3 opinions
- Wimmer's AppealSupreme Court of Pennsylvania · 1836
- Fretz's AppealSupreme Court of Pennsylvania · 1842
- Aston's EstateSupreme Court of Pennsylvania · 1840
3Cited by12 opinions
- Heilig Bros. Co., Inc. v. KohlerSupreme Court of Pennsylvania · 1950
- Brereton EstateSupreme Court of Pennsylvania · 1946
- Kane v. Girard Trust Co.Supreme Court of Pennsylvania · 1944
- Reed's EstateSupreme Court of Pennsylvania · 1912
- Robins's EstateSupreme Court of Pennsylvania · 1897
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