Luckenbach v. Luckenbach
Supreme Court of Pennsylvania
Appeal, No. 265, Jan. T., 1896, by plaintiff, from decree of O. C. Northampton Co., dismissing petition to sell real estate. Petition to sell real estate.
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Appeal, No. 265, Jan. T., 1896, by plaintiff, from decree of O. C. Northampton Co., dismissing petition to sell real estate. Petition to sell real estate. The petition of Julius B. Luckenbach represented: 1. That in pursuance of a written contract made between your petitioner and his mother, Maria Luckenbach, he cared for, kept and maintained her during the whole period of her lifetime which covered her widowhood, to wit: From the death ■of her husband, George Luckenbach, November 4, 1878, to her death October 4,1892, making thirteen years and eleven months, ■at rate of $4.50 per week, which…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The learned judge below gave a broader effect to our decision when this case was here before (Luckenbach’s Estate, 170 Pa. 586) than it was intended to have. All that was then decided was that the present appellant not being a legatee but only a creditor of a legatee under the will of George Luckenbach, the orphans’ court had no jurisdiction to order a sale of the land under the act of February 24, 1834, P. L. 73, and the residuary legatees to whom the land would come after the widow’s death, had a right to be heard on the crucial fact of a direction by the…
2Cases cited4 opinions
- Reck's AppealSupreme Court of Pennsylvania · 1875
- Mellon v. ReedSupreme Court of Pennsylvania · 1888
- Luckenbach's EstateSupreme Court of Pennsylvania · 1895
- Miller's & Bowman's AppealSupreme Court of Pennsylvania · 1869
3Cited by3 opinions
- Dewald v. BerkheiserSuperior Court of Pennsylvania · 1902
- Richardson's EstatePennsylvania Orphans' Court, Susquehanna County · 1925
- Russ's EstatePennsylvania Orphans' Court, Elk County · 1932