Yorks's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Montour County : Of January Term 1885, No 470. Appeal by Martha Yorks and C. E. Yorks, executors of the will of William Yorks, deceased, from a decree of said court confirming the report of the auditor of their account, and ordering distribution in accordance with said report.
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Appeal from the Orphans’ Court of Montour County : Of January Term 1885, No 470. Appeal by Martha Yorks and C. E. Yorks, executors of the will of William Yorks, deceased, from a decree of said court confirming the report of the auditor of their account, and ordering distribution in accordance with said report. The facts as they appeared before the Auditor (F. C. Angle, Esq.) were substantially as follows: On August 21st, 1887, William Yorks died, leaving a will wherein he appointed his wife Martha Yorks and his son C. E. Yorks, executors. On August 29th, 1877, letters testamentary were…
1Dissent
Gordon, J.,
dissented.
The appellee subsequently moved for a re-argument, on the grounds, 1st, that the executors of William Yorks, deceased, failed to give notice of the granting of letters testamentary to them as required bjr the Act of February 24th, 1834, (P. L. 73); 2d, that an express trust was created by the following clause in the will: “It is my will and I do order that all my just debts and funeral expenses be paid as soon after my decease as may be practicable ” ; 3d, stare decisis.
The motion for re-argument was refused on January 4th, 1886, Mr Justice Paxson delivering the opinion…
2Cases cited9 opinions
- Badger v. BadgerSupreme Court of the United States · 1865
- Willison v. WatkinsSupreme Court of the United States · 1830
- Thomas v. Gabrielle Brockenbrough, John Harvie, Edwin Harvie, Jacqueline Harvie, Julia Ann Harvie, Heirs at Law, and Devisees of John HarvieSupreme Court of the United States · 1825
- Murray v. CosterCourt for the Trial of Impeachments and Correction of Errors · 1822
- Lewis v. MarshallSupreme Court of the United States · 1831
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