Legal Opinion

Gill's Estate

Supreme Court of Pennsylvania

Decided December 31, 1920No. Appeal, No. 38PublishedCited by 17 opinions

Appeal, No. 38, Oct. T., 1920, by Benjamin N. McCormick, claimant, from decree of O. C. Allegheny Co., June T., 1919, No. 80, dismissing exceptions to adjudication in Estate of George A. Gill. Exceptions to adjudication. Before Trimble, J. The opinion of the Supreme Court states the facts. The court dismissed the exceptions. Benjamin N. McCormick, claimant, appealed.

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Appeal, No. 38, Oct. T., 1920, by Benjamin N. McCormick, claimant, from decree of O. C. Allegheny Co., June T., 1919, No. 80, dismissing exceptions to adjudication in Estate of George A. Gill. Exceptions to adjudication. Before Trimble, J. The opinion of the Supreme Court states the facts. The court dismissed the exceptions. Benjamin N. McCormick, claimant, appealed. Errors assigned were decree dismissing exceptions, and striking out evidence mentioned in the opinion of the Supreme Court.

1Opinion of the Court

Opinion by

Mr. Justice Simpson,

By an agreement under seal made by testator with one Albert J. Johnston, an exchange of stock was effected, the shares transferred to testator being therein expressed as “subject, however, to an indebtedness of $1,150, with nine months’ interest thereon, to Benjamin N. McCormick,” the appellant here, to whom Johnston had pledged it as collateral security for this debt. From time to time testator made excuses for not at once paying the amount due and died without having done so, whereupon, upon the audit of the account of his executor, appellant presented a claim…

2Cases cited13 opinions

  1. Sargeant v. National Life InsuranceSupreme Court of Pennsylvania · 1899
  2. Barclay v. BarclaySupreme Court of Pennsylvania · 1903
  3. Merriman v. MooreSupreme Court of Pennsylvania · 1879
  4. Baum v. TonkinSupreme Court of Pennsylvania · 1885
  5. Blood v. Crew Levick Co.Supreme Court of Pennsylvania · 1895

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3Cited by17 opinions

  1. McCurdy's EstateSupreme Court of Pennsylvania · 1931
  2. Estate of Charles B. Wolf, Charles S. Wold, Frances G. Wolf, Executors v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1959
  3. Horizon Financial, F.A. v. HansenDistrict Court, N.D. Georgia · 1992
  4. Swaney v. Georges Township Road DistrictSupreme Court of Pennsylvania · 1932
  5. Ruzyc v. BrownSupreme Court of Pennsylvania · 1935

12 more not listed; retrieve them via the Exa API.

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