Mohler's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Coiu't of Lancaster county. May 9. The petition of Catherine Mohler set forth a devise of certain lands by H. Mohler to his son John at a certain valuation, 500i. of which he directed should remain on the real estate of his son during the life of his widow the petitioner, to whom the interest thereof should be annually paid, and after her death the principal among testator’s children.
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Appeal from the Orphans’ Coiu't of Lancaster county. May 9. The petition of Catherine Mohler set forth a devise of certain lands by H. Mohler to his son John at a certain valuation, 500i. of which he directed should remain on the real estate of his son during the life of his widow the petitioner, to whom the interest thereof should be annually paid, and after her death the principal among testator’s children. That the testator subsequently sold part of the land to his son, so that on his death but two pieces of land passed under the will charged with the annuity. That John Mohler the devisee…
1Opinion of the CourtRogers, J.
(after stating the case.) — Instead of dismissing the petition, we apprehend it would have been the more correct course (as there was a general prayer for relief) to ascertain the amount due, and order the same to be paid out of the real estate. But this is immaterial as the case stands, for this court have the power to make the same decree the Orphans’ Court ought to have made.
I do not understand the Orphans’ Court as ruling that the petitioner is not entitled to recover from the assignee or alienee the arrears of the annuity due the widow, while he had the actual possession of the land, or…
2Cases cited3 opinions
- Bantleon v. SmithSupreme Court of Pennsylvania · 1809
- Unangst v. KraemerSupreme Court of Pennsylvania · 1845
- Gordon v. CorreySupreme Court of Pennsylvania · 1813
3Cited by3 opinions
- Wingett v. BellSuperior Court of Pennsylvania · 1900
- Peters's EstateSuperior Court of Pennsylvania · 1901
- McFarlan's EstatePennsylvania Orphans' Court, Chester County · 1937