Appeal of Forcey & Mitchell
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Clearfield county: Of July Term, 1884, No. 3. Appeal of Thomas H. Forcey and Robert Mitchell, executors of James T. Leonard, deceased, from a decree of said court making distribution,of the fund in the hands of Levi Goss, trustee of the estate of John Gearhart, deceased.
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Appeal from the Orphans’ Court of Clearfield county: Of July Term, 1884, No. 3. Appeal of Thomas H. Forcey and Robert Mitchell, executors of James T. Leonard, deceased, from a decree of said court making distribution,of the fund in the hands of Levi Goss, trustee of the estate of John Gearhart, deceased. John Gearhart, who was the owner of a certain tract of coal lands in Clearfield county, leased the same, on February 8, 1865, to Daniel Williams, the consideration being ten cents a ton on all coal mined, and the lessee agreeing to render an account therefor every three months. On February…
1Opinion of the CourtJustice Trunkey
The controlling question is whether the validity of the respective deeds by David Gearhart, Hannah Haberacker, Catharine Goss and Susan Mill ward to Perks and Cassanova was directly involved in the action in equity by Riddles, administrator of John Gearhart, deceased, against Perks, Parker and Leonard. The bill was filed by the trustee, acting under the will of said deceased, for an account of the royalty of ton cents a ton for all coal mined by the respondents on a particular leasehold. Neither bill nor answer mentioned the deeds, but the respondents denied the complainant’s right to recover…
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