Legal Opinion

Laning's Estate

Supreme Court of Pennsylvania

Decided May 12, 1913No. Appeal, No. 49PublishedCited by 9 opinions

Appeal, No. 49, Jan. T., 1913, by Augustus C. Laning, from decree of O. C. Luzerne Co., No. 515, of 1909, dismissing exceptions to report of audit in Estate of John Laning. Audit of executor’s first and final account. Before Freas, P. J. The opinion of the Supreme Court states the facts. Exceptions to the report of audit were dismissed and the account confirmed. Error assigned was in dismissing the exceptions.

1Opinion of the Court

Opinion by

Mr. Justice Elkin,

It is conceded by appellant that certain payments made by his father for his benefit should be charged as advancements to be deducted from his share of the estate, but it is denied that moneys advanced to him personally from time to time should be so charged. After making a specific devise to his daughter the testator directed the remainder of his estate to be divided equally between his three children; appellant being a son. This is followed by the clause which relates to advancements: “I desire that Four Thousand Dollars of the money advanced by me for my son…

2Cases cited2 opinions

  1. Estate of EichelbergerSupreme Court of Pennsylvania · 1890
  2. Reddelien v. AtkinsonSuperior Court of Pennsylvania · 1911

3Cited by9 opinions

  1. St. George's Society v. SawyerSupreme Court of Iowa · 1927
  2. Sears's EstateSupreme Court of Pennsylvania · 1933
  3. Com. Trust Co. of Pbg. v. HugoSupreme Court of Pennsylvania · 1937
  4. Selden v. JacksonSupreme Court of Pennsylvania · 1967
  5. Better Homes Equipment Co. v. NixonOhio Court of Appeals · 1955

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