Legal Opinion

Appeal of Elliott's Executors

Supreme Court of Pennsylvania

Decided June 29, 1865PublishedCited by 17 opinions

Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Eliza T. Elliott and J. Thomas Elliott, executors of the last will and testament of Isaac Elliott, deceased, from the decree of the Orphans’ Court of Philadelphia county-confirming the auditor’s report In re Isaac Elliott’s estate, and dismissing their exceptions thereto. The appellants filed their account, which was referred to an auditor by the'court below.

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Appeal from the Orphans’ Court of Philadelphia. This was an appeal by Eliza T. Elliott and J. Thomas Elliott, executors of the last will and testament of Isaac Elliott, deceased, from the decree of the Orphans’ Court of Philadelphia county-confirming the auditor’s report In re Isaac Elliott’s estate, and dismissing their exceptions thereto. The appellants filed their account, which was referred to an auditor by the'court below. There were two questions discussed before that officer, .and decided in his report: 1st. As to the commissions of the executors, in which he reduced their claim by…

1Opinion of the Court

The opinion of the court was delivered, by

Read, J.

Policies of assurance against fire and against marine risks, are both properly contracts of indemnity, the insurer engaging to make good, within certain limited amounts, the losses sustained by the insured in buildings, ships, and effects. But “ the contract commonly called life assurance, when properly considered, is a mere contract to pay a certain sum of money on the death of a person, in consideration of the due payment of a certain annuity for his life;. the amount of the annuity being calculated in the first instance, according to the…

2Cited by17 opinions

  1. Kenin's Trust Estate (No. 1)Supreme Court of Pennsylvania · 1941
  2. Bayer's EstateSupreme Court of Pennsylvania · 1942
  3. Frick v. LewellynDistrict Court, W.D. Pennsylvania · 1924
  4. Pearlman v. CommissionerUnited States Tax Court · 1944
  5. Equitable Life Assurance Society of the United States v. HitchcockMichigan Supreme Court · 1935

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