Gingrich's Estate
Superior Court of Pennsylvania
Appeal, No. 16, March T., 1908, by M. S.; Hershey, from decree of O. C. Dauphin Co., dismissing petition to- enforce charge on land in estate of Cyrus Gingrich, deceased. Petition to enforce a charge on land. Before Kunkel, P. J. . The factp are stated in the opinion of the Superior .Court.
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Appeal, No. 16, March T., 1908, by M. S.; Hershey, from decree of O. C. Dauphin Co., dismissing petition to- enforce charge on land in estate of Cyrus Gingrich, deceased. Petition to enforce a charge on land. Before Kunkel, P. J. . The factp are stated in the opinion of the Superior .Court. Kunkel, J., concluded.his opinion ás follows: The evidence shows that Hershey bécame the owner of the farm on April 1, 1905, and has not complied with the direction in the will as to the delivery of the hay. " It also shows that the value of hay during the period from April 1, 1905, to the time of filing…
1Opinion of the Court
Opinion by
Morrison, J.,
One of the questions raised in this appeal is whether the hay mentioned in the second paragraph of item 8 of the last will and testament of Cyrus Gingrich was made a charge upon the land devised by the testator as tract No. 1 to his son Christian, and as tract No. 2 to his son Edwin.
The learned court below held that the hay was a charge upon the land. Item 8 of the will reads: “I expressly order and direct that Five Thousand dollars ($5,000) of the purchase money of my farm herein designated as Tract No. One, whether taken by my son Christian at the price I have placed…
2Cases cited14 opinions
- Bruckman's EstateSupreme Court of Pennsylvania · 1900
- Craven v. BleakneySupreme Court of Pennsylvania · 1839
- Walters's EstateSupreme Court of Pennsylvania · 1901
- Gibson's AppealSupreme Court of Pennsylvania · 1855
- Brandt's AppealSupreme Court of Pennsylvania · 1839
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