Appeal of Esterly
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Berks county: Of January Term 1885, No. 371. This was an appeal by Franklin M. F. Esterly and Dr. James G. Meusch, guardians of Anna M. Gery et al., minor children of Joseph II.
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Appeal from the Orphans’ Court of Berks county: Of January Term 1885, No. 371. This was an appeal by Franklin M. F. Esterly and Dr. James G. Meusch, guardians of Anna M. Gery et al., minor children of Joseph II. Gery, from a decree of the Orphans’ Court dismissing their exceptions to and confirming absolutely the report of an Auditor appointed to make distribution of the balance in the bands of Jesse Gery, trustee durante absentia of Joseph H. Gery. * The facts of the case were as follows : On May 13th, 1870, Joseph H. Gery disappeared from liis home in tlie city of Reading, leaving his wife,…
1Opinion of the CourtJustice Clark
On the 18th May, 1870, Joseph H. Gery disappeared from his home in the city of Beading, leaving his wife, Elizabeth Gery, and four daughters, Sarah, Anna, Mary, and Lucy E. Gery, and has not since been heard from. On the 17th May following, B. B. Longaker & Son brought suit against him, in the Common Pleas of Berks county, and, on the 30th June, 1870, obtained judgment by default for $155.66; this judgment was subsequently revived by scire facias, judgment having been taken by default after two returns of nihil habet. Although the wife and children of the defendant continued to reside in the…
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