Legal Opinion

Mulligan's Estate

Supreme Court of Pennsylvania

Decided October 2, 1893No. Appeal, No. 266PublishedCited by 6 opinions

Appeal, No. 266, Jan. T., 1893, by Henry S. Cattell, assignee for benefit of creditors of James Mulligan, Jr., from decree of O. C. Phila. Co., July T., 1890, No. 182, sustaining exceptions to adjudication of account of James Mulligan, Jr., executor of James Mulligan, Sr., deceased. Adjudication of executor’s account. The facts appear by the opinion of the Supreme Court.

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Appeal, No. 266, Jan. T., 1893, by Henry S. Cattell, assignee for benefit of creditors of James Mulligan, Jr., from decree of O. C. Phila. Co., July T., 1890, No. 182, sustaining exceptions to adjudication of account of James Mulligan, Jr., executor of James Mulligan, Sr., deceased. Adjudication of executor’s account. The facts appear by the opinion of the Supreme Court. The auditing judge, Ferguson, J., corrected the account by-adding commissions which the accountant had refused to charge, and awarded two thirds of the balance to appellant, assignee of accountant for benefit of the…

1Opinion of the Court

Opinion by

Mb. Justice McCollum,

The testator, after directing that his funeral expenses should be promptly paid and that one thousand dollars should be expended for masses for the repose of his soul, bequeathed “unto the St. Johns Orphan Asylum, St. Vincents Home, and the Catholic Home, 18th and Race Sts., each the sum of $500.” To his wife Elizabeth he bequeathed one third of the balance of his personal estate absolutely and the net income of one third of his real estate during her natural life. To his son, James, he bequeathed his entire business as then “ conducted and carried on ” by him…

2Cases cited5 opinions

  1. Nichols v. PostlethwaiteSupreme Court of the United States · 1791
  2. Adams's AppealSupreme Court of Pennsylvania · 1864
  3. Day v. New England Life InsuranceSupreme Court of Pennsylvania · 1886
  4. Tucker v. HassencleverSupreme Court of Pennsylvania · 1801
  5. McGlaughlin's v. McGlauglin's AdministratorSupreme Court of Pennsylvania · 1854

3Cited by6 opinions

  1. Polk v. JohnsonIndiana Supreme Court · 1903
  2. Card's Estate (No. 2)Supreme Court of Pennsylvania · 1939
  3. Buttorff's EstateSupreme Court of Pennsylvania · 1938
  4. Polk v. JohnsonIndiana Court of Appeals · 1902
  5. Bair v. Newgeon, Pennsylvania Court of Common Pleas, Delaware County1940

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