Wood's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1876, No. 30.9. Appeal of T. Abbott Wood and William H. Martin, surviving executors and trustees under the will of Michael McOloskey, deCeased, from the decree of the court dismissing the exceptions of said executors to the adjudication of their second account.
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Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1876, No. 30.9. Appeal of T. Abbott Wood and William H. Martin, surviving executors and trustees under the will of Michael McOloskey, deCeased, from the decree of the court dismissing the exceptions of said executors to the adjudication of their second account. McOloskey died in 1860, and by his will gave his property to his executors in trust to pay the income to his wife, Ellen McOloskey, during the term of her life, and after her death to his daughter, Catharine Mansfield, for her life, then in equal shares to the…
1Opinion of the CourtJustice Paxson
It is conceeded that the court below erred in awarding to the life-tenant the whole of the balance for distribution. This balance was made up in part of the sum of $3000, awarded the accountants as trustees by the auditor upon the first account, to be deposited and kept in some good saving fund in the city of Philadelphia, for the purpose of repairing any damages that might occur to the real *349estate of the testator by fire or other-casualty, and to be kept so invested until the final division of his estate as directed by the codicil to his will. To the extent, therefore, of the distribution of…
2Cited by3 opinions
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- Casely's EstateSuperior Court of Pennsylvania · 1903
- Ealer EstatePennsylvania Orphans' Court, Northampton County · 1958