Duffy's Estate
Supreme Court of Pennsylvania
Appeal, No. 161, Jan. T., 1903, by-James L. Lenahan, executor, from decree of O. C. Luzerne Co., No. 45 of 1898, disallowing charges and credits in executor’s account in estate of Lawrence A. Duffy, deceased. Exceptions to adjudication. The facts are stated in the opinion of the Supreme Court.
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Appeal, No. 161, Jan. T., 1903, by-James L. Lenahan, executor, from decree of O. C. Luzerne Co., No. 45 of 1898, disallowing charges and credits in executor’s account in estate of Lawrence A. Duffy, deceased. Exceptions to adjudication. The facts are stated in the opinion of the Supreme Court. Errors assigned were the following extracts from the opinion of Yosbhrg, P. J.: (1) “ I can see no material difference between these coal royalties and rents, so far as the right of the executor to receive and account for them is concerned.” (2) “ I hold that the coal royalties were improperly included…
1Opinion of the Court
Opinion by
Mr. Justice Dean,
On January 7, 1898, Lawrence Duffy of Luzerne county died; at his death he was the owner of the undivided half interest in a tract of coal land in Plymouth township in said county. In his lifetime he and his co-owner Patrick Lenahan by an agreement dated June 1, 1895, had leased the coal under the land at a price of 35 cents per ton payable monthly not less than a fixed quantity to be mined annually or contract forfeited. The purchasers went into possession and mined coal up to the date of the lessor’s death and afterwards. On December 7,1893, about four years…
2Cases cited2 opinions
- Gardner's EstateSupreme Court of Pennsylvania · 1901
- Duffy's EstateSuperior Court of Pennsylvania · 1901
3Cited by7 opinions
- Hyde v. RaineySupreme Court of Pennsylvania · 1912
- Blodgett's EstateSupreme Court of Pennsylvania · 1916
- Schick EstateSuperior Court of Pennsylvania · 1951
- Arrott v. CommissionerUnited States Board of Tax Appeals · 1931
- Northern Trust Co. v. Travelers Insurance Co. of HartfordSupreme Court of Pennsylvania · 1938
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