Estate of Eichelberger
Supreme Court of Pennsylvania
APPEALS BY JOSEPH AND JACOB EICHELBERGER AND MARTIN EICHELBERGER FROM THE ORPHANS’ COURT OF CUMBERLAND COUNTY. Nos. 390 and 401 January Term 1890, Sup. Ct.; court below, number and term not given.
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APPEALS BY JOSEPH AND JACOB EICHELBERGER AND MARTIN EICHELBERGER FROM THE ORPHANS’ COURT OF CUMBERLAND COUNTY. Nos. 390 and 401 January Term 1890, Sup. Ct.; court below, number and term not given. At the May Term, 1889, of the court below, the account of John Bixler, executor of the will of Jacob Eichelberger, deceased, was referred to Mr. William Trickett, as auditor, for the purpose, among other things, of reporting a distribution of the funds shown thereby to be in the hands of the accountant. The auditor subsequently reported, finding the facts, so far as relating to the matters which are…
1Opinion of the Court
no. 390.
Opinion,
Mb. Chief Justice Paxson :
This case involves the proper construction of the will of Joseph Eichelberger. The leading thought in that instrument is equality. This is clear from item 10, which declares: “ It is my will that each of my children shall have share and share alike.” To produce this result, he puts a valuation upon the farms and other pieces of real estate which he had devised to his children respectively. Then follows the statement of the amount due his estate by each child. Item 15 of the will declares that “ my daughter Jane, married to John Badabaugh, is indebted…
2Cases cited15 opinions
- Sheets' EstateSupreme Court of Pennsylvania · 1866
- Guthrie's AppealSupreme Court of Pennsylvania · 1861
- Taylor v. TaylorSupreme Court of Pennsylvania · 1870
- Reck's AppealSupreme Court of Pennsylvania · 1875
- Appeal of GrimSupreme Court of Pennsylvania · 1884
10 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Haydon's EstateSupreme Court of Pennsylvania · 1939
- Gibbons's EstateSupreme Court of Pennsylvania · 1935
- Laughlin EstateSupreme Court of Pennsylvania · 1945
- Sharpe v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1939
- Engemann v. Colonial Trust Co.Supreme Court of Pennsylvania · 1954
18 more not listed; retrieve them via the Exa API.