Legal Opinion

Estate of Fesmire

Supreme Court of Pennsylvania

Decided April 7, 1890No. 122PublishedCited by 11 opinions

APPEAL BY ACCOUNTANTS FROM THE ORPHANS’ COURT OF MONTGOMERY COUNTY. No. 122 July Term 1889, Sup. Ct.; court below, number and term not given.

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APPEAL BY ACCOUNTANTS FROM THE ORPHANS’ COURT OF MONTGOMERY COUNTY. No. 122 July Term 1889, Sup. Ct.; court below, number and term not given. On October 21, 1886, Jane Fesmire, widow of Peter Fesmire deceased, petitioned the court below for a citation commanding Josiah Kerper, Peter Fesmire and Ephraim Magargal, executors of the will of said deceased, to show causo why they should not pay to the petitioner certain interest or income, to which, as she alleged, she was entitled under the testator’s will, and also why they should not file an account. Peter Fesmire and Ephraim Magargal, two of…

1Opinion of the Court

Opinion,

Mr. Justice Williams :

The testator died in May, 1873. He directed his executors to convert his estate, real and personal, into money, and, as to one third of the proceeds, to invest the same in “good real-estate securities,” aud pay the income thereof semi-annually to his wife, Jane Fesmire, during her natural life, and after her death then over to his children, or their representatives absolutely. He named his executors in these words: “ I nominate *84and appoint my friend Josiali Kerper, my son Peter Fesmire, and my son-in-law Ephraim Magargal, the executors of this my last will and…

2Cases cited4 opinions

  1. Jones's AppealSupreme Court of Pennsylvania · 1844
  2. Hall v. BoydSupreme Court of Pennsylvania · 1847
  3. Wilson's AppealSupreme Court of Pennsylvania · 1887
  4. Stell's AppealSupreme Court of Pennsylvania · 1848

3Cited by11 opinions

  1. Adams's EstateSupreme Court of Pennsylvania · 1908
  2. Fesmire v. ShannonSupreme Court of Pennsylvania · 1891
  3. Zion Church of the Evangelical Ass'n of North America v. ParkerSupreme Court of Iowa · 1901
  4. Coxe v. KriebelSupreme Court of Pennsylvania · 1936
  5. Nola's EstateSupreme Court of Pennsylvania · 1938

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