Appeal of Wolff
Supreme Court of Pennsylvania
FROM THE DECEBE OE THE ORPHANS’ COUNT OE ALLEGHENY COUNTY. No. 87 October Term 1888, Sup. Ct.; court below, No. 221 June Term 1887, O. C. On June 21, 1887, B. Wolff, Jr., executor and trustee under the last will of Martha MeD.
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FROM THE DECEBE OE THE ORPHANS’ COUNT OE ALLEGHENY COUNTY. No. 87 October Term 1888, Sup. Ct.; court below, No. 221 June Term 1887, O. C. On June 21, 1887, B. Wolff, Jr., executor and trustee under the last will of Martha MeD. Smith, presented bis petition to tlie Orphans’ Court for leave to sell under tbe act of April 18, 1858, P. L. 503, tbe interest of the testator in certain real estate in tbe Eleventh ward, Allegheny City, called Sunny Slope, being tbe undivided one fifth part thereof. Tbe petition set forth, inter alia, that the said real estate in its entirety had been owned by Charles…
1Opinion of the Court
Opinion,
Mr. Justice Gbeen:
The one fifth interest of Zantzinger Smith in the property called Sunny Slope was sold by the sheriff on September 4, 1876, and the deed therefor was acknowledged February 24, 1877. Mrs. Martha McD. Smith, Zantzinger’s mother, was the purchaser, and the deed was made to her. The purchase money was $2,100, and it was paid by the purchaser, just when does not appear, but certainly not earlier than the day of sale, September 4, 1876. It is not alleged that any part of the particular money which was paid for the purchase was furnished by Zantzinger Smith. Nevertheless,…
2Cases cited2 opinions
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