Legal Opinion

Harlan v. E. D. Haines & Co.

Supreme Court of Pennsylvania

Decided March 25, 1889No. 191PublishedCited by 3 opinions

ERROR TO THE COURT OE COMMON PLEAS OE CHESTER COUNTY. No. 191 January Term 1888, Sup. Ct.; court below, No. 127 August Term 1887, C. P. On June 27, 1887, a case stated was submitted wherein Enoch L. Harlan was plaintiff, and E. D. Haines & Co., defendants, wherein it was agreed, in substance: That Enoch Harlan died in 1872, having by his will, admitted to probate on July 25, 1872, bequeathed $2,500 in trust, the income or interest thereof to be paid annually to his wife,…

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ERROR TO THE COURT OE COMMON PLEAS OE CHESTER COUNTY. No. 191 January Term 1888, Sup. Ct.; court below, No. 127 August Term 1887, C. P. On June 27, 1887, a case stated was submitted wherein Enoch L. Harlan was plaintiff, and E. D. Haines & Co., defendants, wherein it was agreed, in substance: That Enoch Harlan died in 1872, having by his will, admitted to probate on July 25, 1872, bequeathed $2,500 in trust, the income or interest thereof to be paid annually to his wife, during her natural life, with power in the trustee to appropriate such part of the principal as might be necessary, in his…

1Opinion of the Court

Opinion,

Mr. Justice McCollum:

E. D. Haines & Co. obtained a judgment against Enoch L. Harlan, on which an attachment execution was issued March 21, 1874, and levied on his share of a fund in the hands of the trustee of the estate of his deceased father. He was not entitled to receive the fund attached until the death of his mother and an account was settled by the trustee. The attachment was served on him March 28, 1874, and on January 14, 1887, he filed with the prothonotary a claim for the benefit of the exemption law. An appearance was entered for the garnishees, but no other proceedings…

2Cases cited2 opinions

  1. Howard Building & Loan Ass'n ex rel. Budd v. Philadelphia & Reading RailroadSupreme Court of Pennsylvania · 1883
  2. Bittenger's AppealSupreme Court of Pennsylvania · 1874

3Cited by3 opinions

  1. Hild Floor MacHine Co. v. RudolphSuperior Court of Pennsylvania · 1944
  2. Hays v. LentzSuperior Court of Pennsylvania · 1900
  3. Houston v. Bishton, Pennsylvania Court of Common Pleas, Lawrence County1923

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