Legal Opinion

Miller v. Young

Supreme Court of Pennsylvania

Decided September 30, 1816PublishedCited by 1 opinion

In Error. ERROR to the Common Pleas of Franklin county. This was an action of account render, brought by Henry Young and Christian Koogh, administrators oí Conrad Miller .the younger, plaintiffs below, against Daniel Miller and two others, executors of Daniel Miller, deceased, who was surviving executor of Conrad Miller the elder, deceased, for the recovery of a legacy bequeathed to Conrad Miller the younger, by the will of Conrad Miller the elder.

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In Error. ERROR to the Common Pleas of Franklin county. This was an action of account render, brought by Henry Young and Christian Koogh, administrators oí Conrad Miller .the younger, plaintiffs below, against Daniel Miller and two others, executors of Daniel Miller, deceased, who was surviving executor of Conrad Miller the elder, deceased, for the recovery of a legacy bequeathed to Conrad Miller the younger, by the will of Conrad Miller the elder. Previous to the commencement of this suit, on the 1.3th June, 1783, an account had been settled in the Orphan’s Court by the executors of Conrad…

1Opinion of the Court

Tilghman C. J.

(After stating the case.) The defendants now contend, that the Orphan’s Court having decided in a case within their jurisdiction, their decree-is conclusive, unless reversed on an appeal to this Court. Whether such settlement would have been conclusive, if it had been made before the commencement of this action, it is unnecessary to consider. I choose rather to confine myself to the case before us. Now, the act of 21st March, 1792, having given jurisdiction to the Court of Common Pleas in cases of legacies, with full power to investigate the accounts of the testator’s estate, it…

2Cited by1 opinion

  1. M'Fadden v. GeddisSupreme Court of Pennsylvania · 1828

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