Montgomery's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Washington county: Of October and November Term 1879, No. 195. Appeal of Matilda Montgomery from the decree of the court dismissing the exceptions to and confirming the report of the auditor appointed to distribute the fund in the hands of the assignee of A. •J. Montgomery. On June 27th 1876, A. J. Montgomery, made a voluntary assignment of all his property to Dr. John VY. Kelly, in trust for the benefit of his creditors.
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Appeal from the Court of Common Pleas of Washington county: Of October and November Term 1879, No. 195. Appeal of Matilda Montgomery from the decree of the court dismissing the exceptions to and confirming the report of the auditor appointed to distribute the fund in the hands of the assignee of A. •J. Montgomery. On June 27th 1876, A. J. Montgomery, made a voluntary assignment of all his property to Dr. John VY. Kelly, in trust for the benefit of his creditors. Under this assignment there passed to the assignee certain tracts of land, which had been taken by Montgomery, at the valuation,…
1Opinion of the CourtJustice Paxson
It is not denied that the appellant had a valid claim for arrears of dower charged upon the real estate of A. J. Montgomery, the assignor. The auditor finds the amount of it to be $2528.83. He declined to award it to her, however, for the reason that the appellant is indebted to the assignor in the sum of $2699.94, being the amount overpaid her on the distribution account of the administrators of the estate of William Montgomery, deceased. The court below sustained the auditor in this ruling, and it forms the single subject of the three assignments of error.
It appears that the administrators…
2Cases cited2 opinions
- Carson v. M'FarlandSupreme Court of Pennsylvania · 1828
- Edgar v. ShieldsSupreme Court of Pennsylvania · 1857
3Cited by20 opinions
- Downing Exr. v. Felheim Exrs.Supreme Court of Pennsylvania · 1932
- Grand Council of Pennsylvania Royal Arcanum v. CorneliusSupreme Court of Pennsylvania · 1901
- Ridgway's AccountSupreme Court of Pennsylvania · 1903
- Ferguson v. YardSupreme Court of Pennsylvania · 1894
- Zumbro v. ZumbroSuperior Court of Pennsylvania · 1918
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