Stark v. Byers
Supreme Court of Pennsylvania
Appeal, No. 188, Oct. T., 1905, by W. E. Barubart, Exr. of Mrs. O. IT. Stark, deceased, from order of G. P. Westmoreland Co., Aug. T., 1900, No. 552, dismissing exceptions to auditor’s report in case of Mrs. C. TI. Stark, Assignee of W. R. Barnhart et al., v. W. S. Byers, Exr. of C. H. Stark, deceased. Exceptions to auditor’s report. H. W. ~Walkinshaw, Esq., auditor.
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Appeal, No. 188, Oct. T., 1905, by W. E. Barubart, Exr. of Mrs. O. IT. Stark, deceased, from order of G. P. Westmoreland Co., Aug. T., 1900, No. 552, dismissing exceptions to auditor’s report in case of Mrs. C. TI. Stark, Assignee of W. R. Barnhart et al., v. W. S. Byers, Exr. of C. H. Stark, deceased. Exceptions to auditor’s report. H. W. ~Walkinshaw, Esq., auditor. From the record it appeared that the fund for distribution before the auditor was raised in foreclosure proceedings under a mortgage created by Caleb H. Stark in his lifetime. The mortgage originally amounted to $20,000, and…
1Opinion of the Court
Pee Cueiam,
Two questions are raised by the amended assignments of error. As to the first, the auditor reported :
“ As to the claim for $1,500 for the erection of monuments at the graves of C. H. Stark and his wife.
“ The claim is made that it was the intention of the testator, O. H. Stark, to give to W. S. Byers only what was left after paying all legacies and performing all duties in the will. The testator is very careful to designate the legacies that are charged on the land. He uses the following language: “ I give, devise and bequeath unto my beloved wife, Ann Lavina Stark, all my estate,…
2Cited by2 opinions
- Stroud, Excr. v. McDowellSuperior Court of Pennsylvania · 1935
- Perry v. Petillo, Pennsylvania Court of Common Pleas, Philadelphia County1949