Legal Opinion

Gilbert's Appeal

Supreme Court of Pennsylvania

Decided October 26, 1877No. 114PublishedCited by 6 opinions

Appeal from the Court of Common Pleas of Westmoreland county: Of October and November Term 1876, No. 114. This appeal was from the decree of the court confirming the report of the auditor awarding distribution of the proceeds of the sheriff’s sale of the property of James R. Tarr, Jr. The contest over the fund was between the creditors of James R. Tarr, Jr., and the legatees under the will of James R. Tarr, Sr., who contended that under the provisions of said will their…

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Appeal from the Court of Common Pleas of Westmoreland county: Of October and November Term 1876, No. 114. This appeal was from the decree of the court confirming the report of the auditor awarding distribution of the proceeds of the sheriff’s sale of the property of James R. Tarr, Jr. The contest over the fund was between the creditors of James R. Tarr, Jr., and the legatees under the will of James R. Tarr, Sr., who contended that under the provisions of said will their legacies were a charge upon the land sold. The material portions of the will of James R. Tarr, Sr., which was dated December…

1Opinion of the CourtJustice Woodward

James R. Tan*, Sr., by his will dated the 13th day of December 1864, devised to his son, James R. Tarr, Jr., a tract of land described in the proceedings for the sheriff’s sale as containing seventy-four acres, more or less. The following are the terms of the gift: “I give and bequeath the same to my son, James R. Tarr, at thirty-three dollars per acre, and the proceeds thereof to be divided into eight equal shares, including his own, and distributed equally among my sons and daughters,” seven of whom, in addition to the devisee, • the testator then mentioned. Two other pieces of land were…

2Cases cited1 opinion

  1. Ripple v. RippleSupreme Court of Pennsylvania · 1829

3Cited by6 opinions

  1. Mohn v. MohnSupreme Court of Iowa · 1910
  2. Estate of Stephen ClarkSuperior Court of Pennsylvania · 1930
  3. Dickerman v. EddingerSupreme Court of Pennsylvania · 1895
  4. Estate of SharpSuperior Court of Pennsylvania · 1898
  5. Gingrich's EstateSupreme Court of Pennsylvania · 1909

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