In re Mulligan's Estate

CourtUnited States State Supreme Court of Pennsylvania
Writing for the CourtMcCOLLUM, J.
Citation157 Pa.St. 98,27 A. 398
Decision Date02 October 1893
PartiesIn re MULLIGAN'S ESTATE. Appeal of CATTELL.
27 A. 398
157 Pa.St. 98

In re MULLIGAN'S ESTATE.
Appeal of CATTELL.

Supreme Court of Pennsylvania.

Oct. 2, 1893.


Appeal from orphans' court Philadelphia county; Jos. C. Ferguson, Judge.

Accounting by James Mulligan, Jr., as ex ecutor of the will of James Mulligan. Henry S. Cattell, as assignee for benefit of creditors,

27 A. 399

asserted a claim to Mild Mulligan's commissions as executor. The claim was disallowed, and Cattell appeals. Affirmed.

Peter Boyd, for appellant.

Joseph P. McCullen and Patrick Duffy, for appellee.

McCOLLUM, J. The testator, after directing that his funeral expenses should be promptly paid, and that $1,000 should be expended for masses for the repose of his soul, bequeathed unto the St John's Orphan Asylum, St. Vincent's Home, and the Catholic Home, Eighteenth and Race streets, each the sum of $500. To his wife, Elizabeth, he bequeathed one-third of the balance of his personal estate absolutely, and the net income of one-third of his real estate during her natural life. To his son, James, he bequeathed his entire business then "conducted and carried on" by him in the city of Philadelphia and in the state of New Jersey, and all his rights, title, and interests in any firm or business with which he was connected in said city or elsewhere, "under and subject, however, to the above devise" to his wife. He then devised and bequeathed the residue of his estate to his son, James, and his daughter. Rose, their heirs and assigns, "in equal parts, share and share alike," and appointed his son, James, sole executor of his will. We agree with the learned auditing judge that under this will the testator's daughter, Rose, is not entitled to share in the business bequeathed to her brother, James, or the proceeds arising from a sale by him of the testator's interests therein. We think, also, that the personal property not specifically bequeathed is primarily liable for the debts, and that, under the residuary clause of the will, James and Rose can only take what remains after such debts and the general legacies are paid, and their mother has received the share of the personal estate bequeathed to her. 2 Williams, Ex'rs, 1360; Nichols v. Postlethwaite, 2 Dall. 131; Tucker v. Hassenclever, 3 Yeates, 294; McGlaughlin v. McGlaughlin, 24 Pa. St 20. It is agreed by all the parties interested that the amount of the personal estate, exclusive of the business interests specifically bequeathed to James, is but $8,607.58, and it appears that the sum of the debt and...

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7 practice notes
  • Riordan v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • March 9, 1908
    ...v. Orr, 106 Ind. 406; Polk v. Johnson, 65 N.E. 537; Steel v. Halladay, 25 P. 77; Ross v. Conwell, 34 N.E. 752; In re Mulligan's Est., 27 A. 398; 12 Ency. L. (2d Ed.), 1286; Beach on Trustees, Sec. 748; In re Est. of Davis, 4 P. 22; Bate v. Bate, 11 Ky. 639; McCaw v. Blewit, 2 McCord's Eq., ......
  • In re Card's Estate
    • United States
    • United States State Supreme Court of Pennsylvania
    • November 27, 1939
    ...already distributed. A fiduciary may expressly, or by implication, waive compensation in whole or in part. Mulligan's Estate, 157 Pa. 98, 27 A. 398; Taylor's Estate, 239 Pa. 153, 167, 86 A. 708; Scull's Estate, 249 Pa. 57, 94 A. 476; Fitzgerald's Estate, No. 2, 252 Pa. 575, 97 A. 937. The q......
  • In re Buttorff's Estate
    • United States
    • United States State Supreme Court of Pennsylvania
    • March 21, 1938
    ...937; In re Scull's Estate, 249 Pa. 57, 94 A. 476; In re Taylor's Estate, 239 Pa. 153, 86 A. 708; In re Mulligan's Estate, 157 Pa. 98, 102, 27 A. 398. We also agree that appellant's position is no better on the point of laches. While appellant's argument states that "During all of that time ......
  • Polk v. Johnson, 20,071
    • United States
    • Indiana Supreme Court of Indiana
    • March 19, 1903
    ...22; Barry v. Barry, 1 Md. Ch. 20; Ridgely v. Gittings, 2 H. & G. (Md.) 58; In re Cooper, 93 N.Y. 507, 512; Mulligan's Estate, 157 Pa. 98, 27 A. 398; Vestry, etc., v. Barksdale, 20 S.C. Eq. 197, 1 Strob. Eq. (S.C.) 197. According to the averments of the exception, appellant Polk owned and wa......
  • Request a trial to view additional results
7 cases
  • Riordan v. Horton
    • United States
    • United States State Supreme Court of Wyoming
    • March 9, 1908
    ...v. Orr, 106 Ind. 406; Polk v. Johnson, 65 N.E. 537; Steel v. Halladay, 25 P. 77; Ross v. Conwell, 34 N.E. 752; In re Mulligan's Est., 27 A. 398; 12 Ency. L. (2d Ed.), 1286; Beach on Trustees, Sec. 748; In re Est. of Davis, 4 P. 22; Bate v. Bate, 11 Ky. 639; McCaw v. Blewit, 2 McCord's Eq., ......
  • In re Card's Estate
    • United States
    • United States State Supreme Court of Pennsylvania
    • November 27, 1939
    ...already distributed. A fiduciary may expressly, or by implication, waive compensation in whole or in part. Mulligan's Estate, 157 Pa. 98, 27 A. 398; Taylor's Estate, 239 Pa. 153, 167, 86 A. 708; Scull's Estate, 249 Pa. 57, 94 A. 476; Fitzgerald's Estate, No. 2, 252 Pa. 575, 97 A. 937. The q......
  • In re Buttorff's Estate
    • United States
    • United States State Supreme Court of Pennsylvania
    • March 21, 1938
    ...937; In re Scull's Estate, 249 Pa. 57, 94 A. 476; In re Taylor's Estate, 239 Pa. 153, 86 A. 708; In re Mulligan's Estate, 157 Pa. 98, 102, 27 A. 398. We also agree that appellant's position is no better on the point of laches. While appellant's argument states that "During all of that time ......
  • Polk v. Johnson, 20,071
    • United States
    • Indiana Supreme Court of Indiana
    • March 19, 1903
    ...22; Barry v. Barry, 1 Md. Ch. 20; Ridgely v. Gittings, 2 H. & G. (Md.) 58; In re Cooper, 93 N.Y. 507, 512; Mulligan's Estate, 157 Pa. 98, 27 A. 398; Vestry, etc., v. Barksdale, 20 S.C. Eq. 197, 1 Strob. Eq. (S.C.) 197. According to the averments of the exception, appellant Polk owned and wa......
  • Request a trial to view additional results

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