Miller's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Cumberland county: Of May Term 1877, No. 210. Appeal of James D. Miller, executor of David Ferguson, deceased, from the decree of the court confirming the report of the auditor, to whom had been referred the account of said executor.
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Appeal from the Orphans’ Court of Cumberland county: Of May Term 1877, No. 210. Appeal of James D. Miller, executor of David Ferguson, deceased, from the decree of the court confirming the report of the auditor, to whom had been referred the account of said executor. From the facts found by the auditor, F. E. Reltzhoover, it appeared that David Ferguson, who died in August 1872, was in his lifetime seised in severalty of a small tract of mountain land, and that he and his wife, Mary, were seised in entirety of a farm consisting of about 54 acres. He left surviving him his wife and three…
1Opinion of the CourtChief Justice Agnew
From the report of the auditor we gather the following facts clearly stated though not found in a very orderly connection. David Ferguson, the testator, and his wife Mary A. Ferguson, were seised by a common conveyance of a tract of land in entirety, per my et per tout, which according to law at his death survived to her. David Ferguson made his will devising and bequeathing all his real and personal estate to his wife during life, and at her death to Mary Miller, Margaret Germon and Sarah Miller, and appointed James D. Miller the appellant executor, with power to sell and convey his real…
2Cases cited1 opinion
- M'Kelvey v. TrubySupreme Court of Pennsylvania · 1842
3Cited by15 opinions
- Williams' EstateSupreme Court of Pennsylvania · 1912
- Crosetti's EstateSupreme Court of Pennsylvania · 1905
- Putnam v. TylerSupreme Court of Pennsylvania · 1888
- Logan v. Gardner, Pennsylvania Court of Common Pleas, Warren County1890
- Qualters' EstateSupreme Court of Pennsylvania · 1892
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