Legal Opinion

Baily's Estate

Supreme Court of Pennsylvania

Decided March 6, 1893No. Appeal, No. 71PublishedCited by 4 opinions

Appeal, No. 71, July T., 1892, by M. H. Matlack &. Co., attaching creditors of legatee, from decree of O. C. Chester Co., distributing estate of Richard B. Baily, deceased. Audit of account of executor of Richard B. Baily, deceased.

Read the full summary

Appeal, No. 71, July T., 1892, by M. H. Matlack &. Co., attaching creditors of legatee, from decree of O. C. Chester Co., distributing estate of Richard B. Baily, deceased. Audit of account of executor of Richard B. Baily, deceased. The auditor, H. H. Gilkyson, Esq., reported the facts as stated in the opinion of the Supreme Court, and, relying upon the authorities cited in the opinion of the Supreme Court, disallowed the claim of M. H. Matlack & Co., to recover the amount of a judgment from the legacy bequeathed to Ebenezer Worth. The claimants filed exceptions to the report, alleging that…

1Opinion of the Court

Opinion by

Mr. Chinn Justice Stebbett,

This contention arose in the distribution of $79,393.03, proceeds of the personal estate of Richard B. Baily, deceased, who by his last will made August 16,1890, four days before his death, bequeathed to “ Ebenezer Worth nine thousand dollars, to be held (in trust), pay the interest to him yearly. At his death pay this to Marshalton, West Bradford Meeting.”

At the time said will was executed and also when it took effect, the legatee’s indebtedness to the testator, after crediting net proceeds sheriff’s sale of mortgaged premises, was $11,322.84. Since the…

2Cases cited2 opinions

  1. Bowen v. EvansSupreme Court of Iowa · 1886
  2. Zeigler v. EckertSupreme Court of Pennsylvania · 1847

3Cited by4 opinions

  1. Cannon v. EwinCourt of Appeals of Tennessee · 1934
  2. Sharp v. WightmanSupreme Court of Pennsylvania · 1903
  3. Gretz Trust, Pennsylvania Court of Common Pleas, Philadelphia County1975
  4. Mullin v. HartSupreme Court of Louisiana · 1879

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API