Legal Opinion

Miller v. Bower

Supreme Court of Pennsylvania

Decided February 25, 1918No. Appeal, No. 178PublishedCited by 9 opinions

Appeal, No. 178, Jan. T., 1917, by plaintiffs, from decree of C. P. No. 2, Philadelphia Co., Dec. T,, 1915, No-. 2149, dismissing bill in equity, in case of Paul W. Miller and Louise Wolf Miller, his wife; Martin L. White and Lynda Miller White, his wife; William Sherman and Laura Miller Sherman, his wife; and Fern Rock Methodist Episcopal Church, of Philadelphia, v. Mary Louisa Miller Bower. Bill in equity for partition of real estate.

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Appeal, No. 178, Jan. T., 1917, by plaintiffs, from decree of C. P. No. 2, Philadelphia Co., Dec. T,, 1915, No-. 2149, dismissing bill in equity, in case of Paul W. Miller and Louise Wolf Miller, his wife; Martin L. White and Lynda Miller White, his wife; William Sherman and Laura Miller Sherman, his wife; and Fern Rock Methodist Episcopal Church, of Philadelphia, v. Mary Louisa Miller Bower. Bill in equity for partition of real estate. Before Wessel, J. The opinion of the Supreme Court states the facts. The court dismissed the bill. Plaintiffs appealed. Errors assigned were various rulings…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

When tbe will which is tbe subject of tbe present controversy was executed, April 25, 1904, tbe testatrix, Matilda Miller, a single woman, owned no real estate whatever, but was possessed of considerable personal property, mainly mortgages which she estimated in her will to be of tbe value of at least $5,000, but which, according to statement accompanying and proved as part of tbe will, seems to have amounted to upwards of $7,000, a deposit *352in bank of undefined amount, and some personal belongings. It will kelp to a better understanding of tbe dispute were we…

2Cases cited3 opinions

  1. Estate of JacobsSupreme Court of Pennsylvania · 1891
  2. Girard v. Mayor of PhiladelphiaSupreme Court of Pennsylvania · 1833
  3. Appeal of PriceSupreme Court of Pennsylvania · 1895

3Cited by9 opinions

  1. Ingham's EstateSupreme Court of Pennsylvania · 1934
  2. Palmer K. Schreiber v. Christopher G. KelloggCourt of Appeals for the Third Circuit · 1995
  3. Braman EstateSupreme Court of Pennsylvania · 1969
  4. Chambers v. BringenbergNebraska Supreme Court · 2021
  5. Braman EstateSupreme Court of Pennsylvania · 1969

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