Legal Opinion

Kunkel v. Kemper

Superior Court of Pennsylvania

Decided February 25, 1907No. Appeal, No. 184PublishedCited by 3 opinions

Appeal, No. 184, Oct. T., 1906, by William S. Price and Thomas Fort, Jr., Executors and Trustees of Thomas W. Price, deceased, Garnishees, from judgment of C. P. No. 6, Phila. Co., March T., 1904, No. 61, against Garnishees in foreign attachment in case of John A. Kunkel v. Mary Price Kemper. Foreign attachment. Rule for judgment against garnishees. The opinion of the Superior Court states the case. Error assigned was in entering judgment for $412.62 against the garnishees.

1Opinion of the Court

Opinion by

Rice, P. J.,

The testator bequeathed to his executors “ the sum of $50,000 in trust, to invest and keep the same invested in good, interest paying securities, well secured first mortgages on real estate to be preferred when obtainable; to collect and receive the inter*362est and income therefrom and pay the same over to my daughter, Mary, in equal quarterly payments during the period of her natural life, for her own sole and separate use and behoof,” and upon her decease to pay the income for the maintenance of such issue as may survive her until their arrival respectively at the age of…

2Cases cited5 opinions

  1. Estate of StambaughSupreme Court of Pennsylvania · 1890
  2. Winthrop Co. v. ClintonSupreme Court of Pennsylvania · 1900
  3. Girard Life Insurance & Trust Co. v. ChambersSupreme Court of Pennsylvania · 1864
  4. Hays's EstateSupreme Court of Pennsylvania · 1902
  5. Shoup's EstateSuperior Court of Pennsylvania · 1906

3Cited by3 opinions

  1. Estate of Martin NixonSuperior Court of Pennsylvania · 1930
  2. McCurdy v. Bellefonte Trust Co.Supreme Court of Pennsylvania · 1928
  3. Trask v. ShafferSuperior Court of Pennsylvania · 1940

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