Miller's Appeal
Supreme Court of Pennsylvania
Appeal by John Miller from the decree of the Orphans’ Court of Lancaster county, confirming the report of the auditor, D. G. Eshleman, Esq., distributing the balance in the hands* of the administrator cum testamento annexo of Peter Miller, deceased.
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Appeal by John Miller from the decree of the Orphans’ Court of Lancaster county, confirming the report of the auditor, D. G. Eshleman, Esq., distributing the balance in the hands* of the administrator cum testamento annexo of Peter Miller, deceased. Peter Miller, by his will, proved May 25th 1813, gave to his wife Mary the house where he resided, with eight acres adjoining, for her life, and further provided: “ I do order and direct, that my said son Tobias retain the sum of one hundred and fifty pounds until my daughter Esther’s female child shall arrive at the age of twenty-one years, at…
1Opinion of the Court
The opinion of the court was delivered, June 25th 1866, by
Woodward, C. J.
When Peter Miller made his will in 1811, his unmarried daughter Esther had an illegitimate daughter. He charged the land devised to his son Tobias with the payment of 150Z. to Esther’s female child when she should become 21 years of age, which said sum was to be deducted out of the. share after-wards bequeathed to Esther.
*115From and immediately after the death of his wife Mary, the testator gave to said Esther for life the house and piece of land which his wife was to occupy till her death, and at the decease of the said…
2Cited by14 opinions
- Mayhew's EstateSupreme Court of Pennsylvania · 1931
- Brisbin v. HuntingtonSupreme Court of Iowa · 1905
- Thorn EstateSupreme Court of Pennsylvania · 1946
- Taylor EstateSupreme Court of Pennsylvania · 1947
- Phillips's EstateSuperior Court of Pennsylvania · 1901
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