Eley's Appeal
Supreme Court of Pennsylvania
Appeal from tlie Orphans’ Court of Luzerne county : Of January Term 1883, No. 353. This was an appeal by John S. Eley, Thomas Eley and Elizabeth Detwciler, devisees of James Eley, deceased, from a decree of the said court dismissing their exceptions to and confirming the report of an Auditor appointed to audit the account of John Bartholomew, surviving executor of the said James Eley, deceased.
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Appeal from tlie Orphans’ Court of Luzerne county : Of January Term 1883, No. 353. This was an appeal by John S. Eley, Thomas Eley and Elizabeth Detwciler, devisees of James Eley, deceased, from a decree of the said court dismissing their exceptions to and confirming the report of an Auditor appointed to audit the account of John Bartholomew, surviving executor of the said James Eley, deceased. The material facts were as follows.: The testator, James Eley, died November 17th 1879, leaving surviving him five sons, four daughters, and the children of a deceased daughter. By his last will and…
1Opinion of the CourtJustice Stekbett
The fund for distribution accrued from the coal lease executed by the surviving executor of JameS Eley, deceased, pursuant to the power contained in the last will and testament of said deceased; and the main question is whether, under the provisions of the will hereinafter referred to, that part of the-fund, in which appellants are respectively interested, is to be treated as capital or income.
In the body of his will, the testator gave absolutely to each of his nine children, except his son John, and to the children of his deceased daughter Jane, one tenth part of all his property, real,…
2Cited by15 opinions
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- Waterman's EstateSupreme Court of Pennsylvania · 1924
- Estate of OliverSupreme Court of Pennsylvania · 1890
- Caruso v. CarusoNew Jersey Court of Chancery · 1928
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