Source:Legal-doings/content
Judge Hawkins in the Orphans' Court filed a lengthy and important opinion yesterday in the matter of the estate of William McKee. William McKee died September 28, 1878, and directed his executors to assume control of his real estate, and if necessary sell it and appropriate the proceeds to the payment of his debts, and on the satisfaction of these distribute the remaining sum equally to his son, James L. McKee, and Elizabeth M. Yoder, his daughter. The property of decedent consisted of two houses on the corner of Fifth avenue and Wylie street, three houses on Fifth avenue and a homestead, upon which there were mortgages aggregating $24,850, in addition to which he owed $24,000 to various parties. Of the latter about $1,700 passed into the hands of Mr. Yoder. The executors assumed the duties of their trust and exercised it until February 1, 1881, when by agreement the real estate was partitioned between the heirs, subject to the encumbrances, and the executors were discharged. Mr. McKee took possession of the houses on Fifth avenue, and Mrs. Yoder the homestead and the others. Mr. McKee, finding he could not sell his purpart divested of the lien of the testator's debts, a petition was presented, by the consent of all parties, and the executors were reinstated in their trust. The executors then sold the Fifth avenue property, charged themselves with the proceeds and credited themselves with the mortgages, and were ready, on confirmation of their accounts, to have the mortgages marked satisfied. The executors also claimed credit for the payment of $9,654.80 to James L. McKee, as residuary legatee, to which creditors of decedent objected, the whole balance, after deduction of the prior mortgage, being required to pay decedent's debts, the following of which were probated: Mortgages on land taken by Mrs. Yoder $2,735.66, and note secured by mortgage on same property $2,150. It was objected that these debts should not be paid out of the proceeds of said sale because of the partition had between Mr. McKee and Mrs. Yoder and the arrangement made by them for their payment, as the payment of them had been assured with the consent of the creditors. The latter denied they had given any such consent. Judge Hawkins decided in his opinion that the balance arising from the sale of the Fifth avenue property was liable for the payment of the bonds accompanying the mortgages upon the other property, upon the ground that all debts of decedent are a lien upon his real estate for the period of five years after the time of his decease. Mr. McKee died in October, 1878.
W. F. Murdock has brought suit against B. F. Jones and Mary M. F. Jones to recover damages in the sum of $20,000 for injuries received through the carelessness of the defendants, who are the owners of the Seventh Avenue Hotel building. Last fall the plaintiff while walking in front of that hotel fell through the pavement into a vault beneath and sustained injuries which for a time threatened to prove fatal.
W. H. H. Algeo has brought suit against George B. Barrett. The plaintiff alleges he rented an office from the defendant on Fifth avenue, and that his lease did not expire until April 1, 1883, and that he was unlawfully ejected therefrom March 16 last.
B. W. Morgan has filed his affidavit of defense to the suit of Thomas W. Davis, in right of his wife, to whom his claims were assigned, to recover about $1,500 advanced to Morgan in the year 1872, and which it is understood was used for election expenses. Mr. Morgan says that all advances made by Mr. Davis at that time were made to the Executive Committee of the Republican party and were not loans to him personally, and that the plaintiff so understood at the time.
The trial of George Eichler, charged by Mrs. McChestney with assault and battery with intent to commit a rape, was concluded in the Criminal Court yesterday, and the jury returned a verdict of "guilty as indicted."
Benjamin W. Morgan filed his affidavit of defense yesterday in the suit of Arie Pinedo to recover against him $9,000 alleged to be due on a certain promissory note. The plaintiff is now a resident of the West Indies, and the note sued upon was made in Utah, where it is lawful to charge interest at the rate of one per cent. per month, and the plaintiff claims interest at that rate and, also attorney's commission. The defendant says the note is not his, but was made by the Central Smelting and Refining Company, of which he was President, and was for the debt of the company and not an individual debt.
In Common Pleas Court, No. 1: Munsen vs. Nash; Williams vs. Pittsburgh & Birmingham Railway Company; Commonwealth of Pennsylvania vs. Pittsburgh, McKeesport & Youghiogheny Railroad Company; McKenna vs. Maxwell; Giebner vs. Nahmacher; Fox vs. City of Pittsburgh; Cosgrave vs. McCloskey et al.; Shupe vs. Harris Bros.; Crawford vs. Leishman; Hughes vs. Evans; Heller et al. vs. Swan et al.; Barker vs. O'Neill et al.
In Common Pleas No. 2: Drum & Co. vs. Rigby & McCord; Born vs. Allegheny & Perrysville Plank Road Company; Schank vs. Pennsylvania Company; Turner vs. Irwin; Lang vs. Fey; Negley vs. Y Wasg Printing Company; Henry et ux. vs. Winterhalter; Meach vs. Pittsburgh Southern Railroad Company.
The trial of the suits of Mary Ella Roberts, Thomas B. Roberts and Ella Gilleland against Mellor, Hoene & Henricks and the Pittsburgh Exposition Society, an action for damages, was concluded in the Court of Common Pleas No. 1 yesterday, the jury in each case finding against the Exposition Society and in favor of Mellor, Hoene & Henricks, for Mary Ella Roberts in the sum of $320, for Thomas B. Roberts in the sum of $145, and for Ella Gilleland in the sum of $114.75.
Another hearing was had before Commissioner Hasbrouck yesterday, in the Nevin Woodside case, but nothing new of interest was elicited.
An injunction was gtanted [sic] in Common Pleas Court No. 2 yesterday, to restrain the Masonic Bank and James Latshaw from negotiating a note given on one McCabe.
Hugh Bulger, against whom the Coroner's jury brought a verdict of murder for the killing of Philip McGuire, was released on bail in the sum of $2,000 yesterday by Judge White.
J. S. Slagle, Esq., arbitrator in the case of Eliza L. Clark against the West Penn Railroad Company, filed his award yesterday allowing the plaintiff damages in the sum of $400.
The bond of Samuel McQuitty, a Justice of the Peace in Mansfield borough, with Robert Bell as surety, in the sum of $1,000, was presented and approved in Common Pleas Court No. 2 yesterday.
Subpœnas in divorce were awarded in Common Pleas Court No. 1 yesterday in the following proceedings: James Daniel against Margaret Daniel, Maggie B. Ford against J. C. Ford, Emma Hamill against John Hamill and Isabella P. Worthington against Henry Worthington.
In the case of G. W. Coffin against D. W. C. Carroll & Co., an action for damages for maintaining a nuisance, reported yesterday and which was given to the jury Wednesday afternoon, the jury has not yet returned a verdict and from present indications are liable to stay out for some time.
In the case of Bessie Nash against Welty Bros., tried in Common Pleas Court No. 1 yesterday, a verdict was given in favor of the plaintiff. This was an action of replevin to recover certain household furniture taken by Welty Bros. as the property of George B. Nash, and which the plaintiff claimed was owned by her.
