Michener's Estate
Supreme Court of Pennsylvania
Jan. T., 1909, by Emma Gertrude Rumsey and Anna G. Rumsey, from decree of O. C. Phila. Co., Jan. T., 1903, No. 575, dismissing exceptions to adjudication in Estate of Israel Michener, deceased: Exceptions to adjudication of second account of executors.
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Jan. T., 1909, by Emma Gertrude Rumsey and Anna G. Rumsey, from decree of O. C. Phila. Co., Jan. T., 1903, No. 575, dismissing exceptions to adjudication in Estate of Israel Michener, deceased: Exceptions to adjudication of second account of executors. In addition to the facts set forth in the opinion of the Supreme Court it appeared that by the seventh item of the will of Israel Michener, the testator directed his executors to: “ average the income of all the investments of my estate and to pay over to my sister Mary Michener the income of the sum of ten thousand dollars for and during the…
1Opinion of the Court
Per Curiam,
February 21, 1910:
We concur in the conclusion stated in the opinion of the learned president judge of the orphans’ court that the rights of the appellants were fixed by the adjudication of the orphans’ court filed in 1903 and by the decree of that court on a petition for review, which was affirmed by this court, in Michener’s Est., 225 Pa. 60. But aside from the question of res adjudicata, the contention of the appellants is not well founded. The gift to them was not of a moiety of the entire income, but of the income of a moiety of the estate. The direction in the seventh item of…
2Cited by1 opinion
- Henson's EstatePennsylvania Orphans' Court, Philadelphia County · 1939