Yerkes's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county: Of'January Term 1882, No. 62/ Appeal of Silas Yerkes, et al., executors of the will of Mary G. Whitaker, deceased, from a decree of said court, in the matter of the distribution of the estate of her late husband, Robert Whitaker, deceased, whereby the share of Mrs. Mary G. Whitaker therein was charged with one half of certain costs and expenses incurred in proceedings contesting the validity of an alleged will of said…
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Appeal from the Orphans’ Court of Philadelphia county: Of'January Term 1882, No. 62/ Appeal of Silas Yerkes, et al., executors of the will of Mary G. Whitaker, deceased, from a decree of said court, in the matter of the distribution of the estate of her late husband, Robert Whitaker, deceased, whereby the share of Mrs. Mary G. Whitaker therein was charged with one half of certain costs and expenses incurred in proceedings contesting the validity of an alleged will of said Robert Wbitaker. Upon tbe adjudication of the second account filed by the executors of Robert Whitaker, deceased, the…
1Opinion of the CourtJustice Sterrett
The question in this case is, whether the expenses of litigation in the issue devisavit vel non, amounting to over $50,000, were a proper charge against the estate. It is conceded that the appellees, executors of Robert Whitaker, deceased, expended that amount in counsel fees and other expenses incident to the second trial of the feigned issue, but the contention is that it should not be so credited as to lessen the distributive share to which appellants, as executors of testator’s widow, are entitled.
The controlling facts under which the question arises are briefly these : Robert Whitaker…
2Cases cited3 opinions
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Mumper's AppealSupreme Court of Pennsylvania · 1842
- Dietrich's AppealSupreme Court of Pennsylvania · 1834
3Cited by20 opinions
- Green Acres Rehabilitation & Nursing Center v. SullivanSuperior Court of Pennsylvania · 2015
- Faust EstateSupreme Court of Pennsylvania · 1950
- In re Estate of SmithSupreme Court of Iowa · 1914
- Reimer's EstateSupreme Court of Pennsylvania · 1893
- Lowe's EstateSupreme Court of Pennsylvania · 1937
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