SMITH ESTATE

No. 52,030.

73 Pa. D. & C. 368 (1950)

Smith Estate

Common Pleas Court of Montgomery County, Pennsylvania.

May 12, 1950.


Attorney(s) appearing for the Case

Nelson P. Fegley, for petitioners.

Wallace M. Keely, for exceptants.


HOLLAND, P.J., May 12, 1950.

The three exceptions of Clarence G. Place raise the question whether, in calculating the encumbrances on one of the parcels of real estate, that is, parcel no. 1, the orphans' court has jurisdiction to adjudicate a set-off against a mortgage for the value of alleged occupancy of the parcel of real estate by way of rent.

Parcel no. 1, which was awarded to Mary A. Mills at $14,300, is subject to a mortgage in which Clarence G. Place...

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