Legal Opinion

Muhlenberg's Appeal

Supreme Court of Pennsylvania

Decided October 1, 1883No. 153PublishedCited by 7 opinions

Appeal from tlie Orphans’ Court of Lancaster county : Of January Term 1883, No. 153. This was an appeal by E. A. Muhlenberg from a decree of the said court dismissing liis exceptions filed to the report of the auditor, appointed to distribute the balance remaining in the hands of B. S. Muhlenberg and E. A. Muhlenberg, surviving executors of Dr. E. A. Muhlenberg, deceased.

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Appeal from tlie Orphans’ Court of Lancaster county : Of January Term 1883, No. 153. This was an appeal by E. A. Muhlenberg from a decree of the said court dismissing liis exceptions filed to the report of the auditor, appointed to distribute the balance remaining in the hands of B. S. Muhlenberg and E. A. Muhlenberg, surviving executors of Dr. E. A. Muhlenberg, deceased. The facts were as follows: Dr. F. A. Muhlenberg, the testator, died July 5th 1867, leaving a wddow, Ann E. Muhlenberg, surviving him, and nine children living at the time of his death, viz : By a first wife (1) Dr. II. E.…

1Opinion of the CourtJustice Gokdost

The second of the following two items of the. will of Dr. II. E. Muhlenberg, deceased, is that upon which the present controversy turns. “ All the rents, income and interest arising out of the balance of my estate, real, personal, and mixed, after first deducting annuities, repairs, taxes, and all other necessary expenses, 1 direct to be paid to my wifo, Ann E. Muhlenberg, semi-annually, by my executors, during her natural life, for the support and education and maintenance of my minor children.”

“After the death of my wife, Ann E. Muhlenberg, I direct my executors, or the survivor of them, to…

2Cases cited1 opinion

  1. King v. KingSupreme Court of Pennsylvania · 1841

3Cited by7 opinions

  1. Mayer v. WalkerSupreme Court of Pennsylvania · 1906
  2. Appeal of LittleSupreme Court of Pennsylvania · 1887
  3. Knerr's EstateSuperior Court of Pennsylvania · 1937
  4. Baumann v. Baumann, Pennsylvania Court of Common Pleas, Wayne County1948
  5. Donaldson's EstatePennsylvania Orphans' Court, Washington County · 1936

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