Legal Opinion

Estate of Rouser

Superior Court of Pennsylvania

Decided July 29, 1898No. Appeal, No. 97PublishedCited by 1 opinion

Appeal, No. 97, April T., 1898, by the, Methodist Episcopal Church, from decree of O. C. Allegheny Co., May T., 1896, No. 46, in distribution in Adam Rouser’s Estate. Audit of a partial account of executors of Adam Rouser’s estate. Before O. C. Allegheny Co. The facts sufficiently appear hi the opinion of the court.

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Appeal, No. 97, April T., 1898, by the, Methodist Episcopal Church, from decree of O. C. Allegheny Co., May T., 1896, No. 46, in distribution in Adam Rouser’s Estate. Audit of a partial account of executors of Adam Rouser’s estate. Before O. C. Allegheny Co. The facts sufficiently appear hi the opinion of the court. The account showing for distribution 1120.50, the court below awarded one half of the fund to the Free Will Baptist Church and one half to the Methodist Episcopal Church of Coraopolis. Methodist Episcopal Church appealed. Errors assigned among others were (1) In dismissing the…

1Opinion of the Court

Opinion by

Beaver, J.,

The duty before us is a very simple one. It is to give practical effect to the will of the testator, as manifested in the second item thereof, which is as follows: “ My will is that all my estate, both personal and real, and of whatsoever kind and nature, to be sold by my hereinafter executors at the best possible price, either by private or public sale, for the best price or prices that can be gotten for the same, and by proper deed or deeds of conveyance to be duly executed to the purchaser in fee simple; and, when the whole of my estate' shall have been turned into…

2Cases cited4 opinions

  1. Reck's AppealSupreme Court of Pennsylvania · 1875
  2. Sponsler's AppealSupreme Court of Pennsylvania · 1884
  3. Baker & Wheeler's AppealSupreme Court of Pennsylvania · 1887
  4. Estate of MickleySuperior Court of Pennsylvania · 1897

3Cited by1 opinion

  1. Torchiana's EstateSupreme Court of Pennsylvania · 1928

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