Siegwarth's Estate
Supreme Court of Pennsylvania
Appeal, No. 196, Oct. T., 1909, by J. Henry Long, from decree of O. C. Allegheny Co,, Sept. T., 1906, No. 149, dismissing petition for an account in Estate of Margaretha Siegwarth, deceased. Petition for an account. From the record it appeared that the petitioner had purchased from William Siegwarth a three-quarters interest in his share of the estate of his mother, Margaretha Siegwarth, within five years from the latter's death.
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Appeal, No. 196, Oct. T., 1909, by J. Henry Long, from decree of O. C. Allegheny Co,, Sept. T., 1906, No. 149, dismissing petition for an account in Estate of Margaretha Siegwarth, deceased. Petition for an account. From the record it appeared that the petitioner had purchased from William Siegwarth a three-quarters interest in his share of the estate of his mother, Margaretha Siegwarth, within five years from the latter's death. The portion of the will of Mrs. Siegwarth material to the issue is as follows: “In respect to the share, part or portion of my estate, given to my sons Philip…
1Opinion of the Court
Opinion by
Mr. Justice Elkin,
The appellant who is the assignee of the legatee filed a peti*593tion in the court below asking for an accounting by the trustee of the cestui que trust treating his share of the estate as absolute while in fact the executor holds it as part of the estate of the testatrix and is exercising supervision over it under the directions of the will. In the consideration of this case it must be borne in mind that we are dealing primarily with the estate of the testatrix and only secondarily with the share set apart for the benefit of her son who has undertaken to make an…
2Cited by3 opinions
- Hall's EstateSupreme Court of Pennsylvania · 1915
- Heyl's EstatePennsylvania Orphans' Court, Philadelphia County · 1944
- Trainer EstatePennsylvania Orphans' Court, Philadelphia County · 1948