Zimmerman's Estate
Superior Court of Pennsylvania
Appeal, No. 69, April T., 1903, by-Henry J. Zimmerman et al., from decree of O. C. Greene Cq., Jan. T., 1901, No. 38, overruling exceptions to auditor’s report in estate of John J. Zimmerman, deceased. Exceptions to report of Allen F. Dickey, Esq., auditor. The facts are stated in the opinion of the Superior Court. Errors assigned were in overruling exceptions to auditor’s report.
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Appeal, No. 69, April T., 1903, by-Henry J. Zimmerman et al., from decree of O. C. Greene Cq., Jan. T., 1901, No. 38, overruling exceptions to auditor’s report in estate of John J. Zimmerman, deceased. Exceptions to report of Allen F. Dickey, Esq., auditor. The facts are stated in the opinion of the Superior Court. Errors assigned were in overruling exceptions to auditor’s report. Where there are two clauses in a will which are so inconsistent with each other that it is impossible to give effect to both, the first must give way to the last, because the latest manifestation of the will of the…
1Opinion of the Court
Opinion by
Rice, P. J.,
By his will probated in 1887, John Zimmerman appointed Nancy Zimmerman, his wife, executrix and James R. Zimmerman, executor. The latter renounced and letters testamentary were issued to Nancy Zimmerman alone. In 1900, upon the petition of Henry J. Zimmerman, one of the legatees, she was cited to file an account or show cause why she should not do so. Thereupon, without raising any question as to her duty to do so, the executrix filed an account, to which exceptions were filed by Henry J. Zimmerman, this appellant, alleging failure to charge herself with numerous items…
2Cases cited7 opinions
- Estate of TysonSupreme Court of Pennsylvania · 1899
- Fox's AppealSupreme Court of Pennsylvania · 1882
- In re Pennock's EstateSupreme Court of Pennsylvania · 1853
- Estate of HeppenstallYork County Orphans' Court · 1891
- Estate of GoldPennsylvania Orphans' Court, Northampton County · 1890
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3Cited by1 opinion
- Freeman's EstateSuperior Court of Pennsylvania · 1908