Eichelberger's Estate
Supreme Court of Pennsylvania
Appeal, No. 49, July T., 1895, by the President and Fellows of Yale University in New Haven, Conn., from decree of O. C. York Co., distributing estate of Martin S. Eichelberger, deceased. Exceptions to auditor’s report, distributing balance in bands of administrators. Before Bittinger, J. Martin S. Eicbelberger died in July, 1893, testate. Letters of administration, cum testamento annexo, on his estate were granted to Charles S. Weiser and Harry P. Weiser.
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Appeal, No. 49, July T., 1895, by the President and Fellows of Yale University in New Haven, Conn., from decree of O. C. York Co., distributing estate of Martin S. Eichelberger, deceased. Exceptions to auditor’s report, distributing balance in bands of administrators. Before Bittinger, J. Martin S. Eicbelberger died in July, 1893, testate. Letters of administration, cum testamento annexo, on his estate were granted to Charles S. Weiser and Harry P. Weiser. On the 9th day of July, 1894, they filed their first account. No exceptions being filed, it was confirmed, and J. S. Black, Esq.) was…
1Opinion of the Court
Opinion by
Mr. Justice Green,
As to the claim of Heininger, it is very clearly shown in the opinion of the learned court below that it was founded upon an express contract relation. While the precise rate of compensation was not fixed, there was plenty of testimony to the effect that Heininger was employed specially by the deceased to perform the night service, and that he was to be paid for it in addition to the compensation he received for his day service. It will not be necessary to quote the whole of the evidence on this subject, but the testimony of one of the witnesses is so directly and…
Also in this document: Dissent.
2Cases cited6 opinions
- Whitney v. City of PittsburghSupreme Court of Pennsylvania · 1891
- Eyre v. GoldingSupreme Court of Pennsylvania · 1813
- Estate of FlickwirPennsylvania Orphans' Court, Philadelphia County · 1890
- Koon's AppealSupreme Court of Pennsylvania · 1886
- Huston's AppealsSupreme Court of Pennsylvania · 1840
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- In Re Estate of JacobsonSupreme Court of Pennsylvania · 1975
- Conkle v. Byers' Exr.Supreme Court of Pennsylvania · 1925
- Equitable Guarantee & Trust Co. v. McCurdyCourt of Chancery of Delaware · 1916
- Estate of Rachel NusbaumSuperior Court of Pennsylvania · 1930
- Heck v. Rettick, Admrs.Superior Court of Pennsylvania · 1930
4 more not listed; retrieve them via the Exa API.