Cressler's Estate
Cressler's Estate
Opinion of the Court
BARNER'S APPEAL.
The questions presented in this case have been so fully considered and accurately disposed of by the learned auditor that further discussion of them is unnecessary. We think the decree should be affirmed on his report and the opinion of the court below.
Decree affirmed and appeal dismissed with costs to be paid by appellant.
MAGLAUGHLIN’S APPEAL.
May 7, 1894:
An examination of this record, with special reference to the questions presented by the specifications of error, has satisfied us that the learned auditor’s findings of fact, as well as his‘conclusions of lavv, are substantially correct. The questions involved have been so fully and carefully considered by him that little, if anything, can be profitably added to what has been said in his report. We cannot do better than to affirm the decree for the reasons therein stated.
Decree affirmed on the auditor’s report and appeal dismissed with costs to be paid by appellants.
Reference
- Full Case Name
- Cressler's Estate. Barner's Appeal. Maglaughlin's Appeal
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- Will — Vested and contingent estates. Testator gave and devised unto his daughter “for the support of herself and her children,” one moiety of his plantation. He further directed that so long as his real estate remained undivided, his executors should in each and every year from the time of his decease pay unto his daughter, “ or, in the event of her death, to the use of her children, the' one-half of the clear yearly proceeds of my said real estate above mentioned.” He also directed that if his executors should think it advisable and for the interest of his said daughter, and her children, “to dispose of her share or part of said tract of land with the other moiety of the same or separately,” they should have power to do so. Held, that the daughter took a vested estate in fee in one half of testator’s real estate. Trust — Sheriff's sale of interest zonder will. The daughter in the above case by her will gave her residuary estate to be divided among her children equally. She further directed that the interest of one of her sons should “ be held by my executor in trust, the interest and income thereof” to be paid to said son. During the mother’s lifetime the interest of the son in his mother’s estate was sold at sheriff’s sale. Held, that the purchaser took no title.