Legal Opinion

Johnston's Estate

Supreme Court of Pennsylvania

Decided March 3, 1919No. Appeal, No. 159PublishedCited by 11 opinions

Appeal, No. 159, Oct. T., 1918, by Stewart Johnston, from decree of O. C. Allegheny Co., Jan. T., 1917, No. 243, charging annuity on land In re Estate of Wm. G. Johnston. Petition to pay annuity.

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Appeal, No. 159, Oct. T., 1918, by Stewart Johnston, from decree of O. C. Allegheny Co., Jan. T., 1917, No. 243, charging annuity on land In re Estate of Wm. G. Johnston. Petition to pay annuity. Before Miller, J. The court entered the following decree: And now, to wit, August 3, 1918, this matter came on to be heard upon exceptions to the opinion and decree of the trial judge, and after consideration thereof and argument by counsel, said exceptions are dismissed, and it is now ordered and decreed as follows: That there is due at this time from Stewart Johnston, Trustee, under the will of…

1Opinion of the Court

Opinion by

Mr. Justice Walling,

This appeal is from the decree of the orphans’ court ordering the payment of a testamentary annuity and declaring it a charge upon real estate.

In 1913, the testator, William G. Johnston, died at his home in Watertown, New York, survived by a widow, Julia G. E. Johnston, the petitioner, to whom he was *74married in 1899, and by five children, the issue of a former marriage, and by four grandchildren. His real estate consisted of a valuable property at Penn avenue and Ninth street, Pittsburgh, and his home in Water-town. By an ante-nuptial agreement he provided for…

2Cases cited2 opinions

  1. Pierrepont v. . EdwardsNew York Court of Appeals · 1862
  2. Smith v. FellowsMassachusetts Supreme Judicial Court · 1881

3Cited by11 opinions

  1. Dwight EstateSupreme Court of Pennsylvania · 1957
  2. MacMackin EstateSupreme Court of Pennsylvania · 1947
  3. Moody Bible Institute v. PettiboneAppellate Court of Illinois · 1937
  4. Schloesser v. SchloesserAppellate Court of Illinois · 1946
  5. Bush v. Commissioner of Internal RevenueCourt of Appeals for the Ninth Circuit · 1937

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