Harberger's Appeal
Supreme Court of Pennsylvania
May 5th 1881. Before Sharswood, O. J., Mercur, Gordon, Paxson, Tbunicey, Stebrett and Green, JJ. Appeal from the Orphans’ Court of Lcmcaster Gowrvby: Of May term, 1881, No. 98. This was au appeal by Louis B. Harberger, from a decree of the said court directing the register of wills only to issue letters testamentary to said Louis B. Harberger, under tlie will of liis mother, Elizabeth B. S. Harberger, upon bis filing an approved bond in the sum of $25,000. Mrs. Elizabeth B.…
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May 5th 1881. Before Sharswood, O. J., Mercur, Gordon, Paxson, Tbunicey, Stebrett and Green, JJ. Appeal from the Orphans’ Court of Lcmcaster Gowrvby: Of May term, 1881, No. 98. This was au appeal by Louis B. Harberger, from a decree of the said court directing the register of wills only to issue letters testamentary to said Louis B. Harberger, under tlie will of liis mother, Elizabeth B. S. Harberger, upon bis filing an approved bond in the sum of $25,000. Mrs. Elizabeth B. tí. Harberger died May 10th 1879, having by her will, dated May 12th 1873, proved July 8th 1880, appointed her sons,…
1Opinion of the CourtJustice Gordon
The appellant’s right to letters testamentary was received, not from any act of the legislature, but from the will of his mother, Mrs. Harberger, and to these letters he was entitled without regard to his pecuniary circumstances.
As his mother had a right to devise to him the whole of her property, had she been so disposed, so had she the right to commit to him the charge of it, in whole or in part, as to herself might seem proper; and this right no one can be permitted to call in question.
It is only after letters have been committed to an executor that the Acts of 29th March 1832, and of May…
2Cases cited2 opinions
- Webb v. DietrichSupreme Court of Pennsylvania · 1844
- Cohen's AppealSupreme Court of Pennsylvania · 1834
3Cited by1 opinion
- Fraiman EstatePennsylvania Orphans' Court, Montgomery County · 1961