Deaven's Estate
Superior Court of Pennsylvania
Appeal, No. 245, Oct. T., 1905, by William F. Nye, 'trustee of Moonshine church, from decree of O. C. Lebanon Co., June T., 1904, No. 1, directing payment of money in Estate of Peter Deaven, deceased. Petition for an order to pay over money. Before EhrGOOD, P. J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 245, Oct. T., 1905, by William F. Nye, 'trustee of Moonshine church, from decree of O. C. Lebanon Co., June T., 1904, No. 1, directing payment of money in Estate of Peter Deaven, deceased. Petition for an order to pay over money. Before EhrGOOD, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was the following order : “ And now, June 24, 1905, it is ordered and directed that if the petitioner, W. F. Nye, enter in a recognizance in the sum of one thousand dollars with sufficient surety, to be approved by the court for the faithful performance of the…
1Opinion of the Court
Opinion by
Head, J.,
The record in this case shows that Peter Deaven, late of Lebanon county, died in 1903, having first made his last will in which he provided, inter alia, as follows :
“ I give and bequeath unto the trustees of Moonshine Church in Union Township, Lebanon County, Pa., the sum of $500.00 and I direct that the same shall be securely invested and the interest thereof applied towards keeping said cemetery and the graves in a neat condition.”
The testator had previously provided that his body should be buried in the cemetery named in the foregoing bequest. *207The record further shows…
2Cases cited5 opinions
- Johnson's AppealSupreme Court of Pennsylvania · 1886
- Kitchen v. WilkinsonSuperior Court of Pennsylvania · 1904
- Appeal of MiskiminsSupreme Court of Pennsylvania · 1886
- Van Dusen's AppealSupreme Court of Pennsylvania · 1883
- Lowry's AppealSupreme Court of Pennsylvania · 1886