Higinbotham's Estate
Superior Court of Pennsylvania
Appeal, No. 96, April T., 1912, by Pittsburg Coal Company, from order of O. C. Fayette Co., March T., 1910, No. 119, directing payment of charge on land in Estate of James C. Higinbotham, deceased. Proceedings to enforce payment of money charged upon land. Before Work, P. J. The opinion of the Superior Court states the facts of the case.
Read the full summary
Appeal, No. 96, April T., 1912, by Pittsburg Coal Company, from order of O. C. Fayette Co., March T., 1910, No. 119, directing payment of charge on land in Estate of James C. Higinbotham, deceased. Proceedings to enforce payment of money charged upon land. Before Work, P. J. The opinion of the Superior Court states the facts of the case. Error assigned was the following order of the court: Now June 7, 1911, this matter came on to be heard on petition and answer and was argued by counsel. And now, after due consideration, the court orders and decrees as follows: First. That the rule heretofore…
1Opinion of the Court
Opinion by
Porter, J.,
This is a proceeding, under the Act of May 17, 1866, P. L. 10.96, as amended by the Act of March 22, 1907, P. L. 29, to enforce the payment of money which had been charged upon real estate, by proceedings in partition in the orphans’ court. A large tract of land of which James C. Higinbotham had died seized was in proceedings in partition, in the year 1871 allotted to one of the heirs at a valuation of $13,566.30, charged with the payment to the widow of said decedent annually of the interest on one-third of said valuation, to wit, $4,522.10, during her life and at her…
2Cases cited11 opinions
- Commonwealth v. Allen, Huhn & ShaneSupreme Court of Pennsylvania · 1872
- Waslee v. RossmanSupreme Court of Pennsylvania · 1911
- Appeal of RobesonSupreme Court of Pennsylvania · 1888
- George v. BrandonSupreme Court of Pennsylvania · 1906
- Leven Good's EstateSuperior Court of Pennsylvania · 1909
6 more not listed; retrieve them via the Exa API.