The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1902-03-21

Copies of the opinions of the super
for court in the four local cases de-
cided at Harrisburg last Friday were
received yesterday by Prothonotary
Samuel II. Stevens.
Below are given in full the opinions
in two of the cases in which the court
entered into q discussion Of the merits
of the cases.
The first is the opinion of Judge w.
w. Potter in the Silas Hartley appeal
from Judge Vosburg's decision in the
matter of the Gummaer estate. 1T is
as follows:
We hold with the court below that Ezekiel
Gunlmaer made the moneys to be paid his widow
charge upon the farms devised to his sons.
The intent of the entire will is in accord with
this construction. The language of the particu'
lar clause is that il the three sons shall accept
1hc above property, it shall be on condition that
they each pay annually an equal portion to Their
mother, Clorinda Gummaer, of six per cent. in
tcrcst on 5000 and, il needed for her support,
also the principal, each paying one-third"
From this language, it appears that the tesla.
Tor coupled the payments by the dcvisees with
the dcyiscs of the land, and made the payments
condition upon which the dcvses should vest.
l'pon the authority OF Moran's appeal, l3 Pa.
superior court 25l, the real estate thus devised
became in equity charseablc with the payments
to be made to the tesators widow.
The order of the court below, it is alleged,
is not clear. The defendant, Hartley is directed
TO pay (loriuda C.ummaer arrears OF interest.
These seem to amount TO 292 1t further directs
that sufficient amount Of the principal to be
maid "to reduce the same to $500 which will re-
main charge on the land"
This apparcntly means that the principal
tI,N intp tnfH ~
$500. and that the balance of onc.third of tho
rrincinol Is TO he paid to Cornda t;ummacr.
As so construed, the majority of this court arc
Of the opinion that the decree should be af-
tirmcd I personally hold to the view that there
is no proof showing that the widow needed any
rsrt of the principal She had been able to live
without incurrng debt up 10 the time of tho
hearing. Furthermore the principal of the
charge would remain, subject to such demands as
her proven necessities might hereafter make
upon H. In obedience, however, TO the direc'
tions of the majority Of the court, the order is
entered that the decree OF the court below be,
and it is hereby affirmed
IORNflhf1 ofI4NioN'
The second is the opinion of Judge
lanes A Beaver in the matter of the
,a,ao,,,,,.ior of tho Ir,ctory,,i1,e and
.,.'' =. ,'1. 49, e.,
Aplhs'oi luiipihe' II ie'"' ''' Aoi'
lows
The proceedings under rcriew, to vacate sc
much of the Facoryvie and Abingdon Turn
pike and Plank road as lies within the limits OF
1.1ckawanna county, were had in pursuance OF
the provisions Of the act Of June End, 1857, z. L.
SO6. The petition contains description Of the
road to be vacated and sets forth that it begins
at of the terminal points of the said turn
pike and is continuous thereirom to the line
between La Plume borough, in Lackawannu
county, aau r iac'TryEiie ,, borough m im wy Msol.mg @
oT"s y, ,,s oct ''' roforad 90 Ii t'' +" y
Thc tiIc Of thc act clearly indicates that III,
proceedings to vacate a turnpike road lies and
are to be confined to the portion lying within