Sarkie's Appeal
Supreme Court of Pennsylvania
Appeal from the Register’s Court of Philadelphia county. Jan. 15,16. — On the 24th February, 1844, appellant filed a petition, stating that in 1833, his younger brother Catchick died in Calcutta, and letters of administration there and in London were then granted to appellant, who also administered in Copenhagen.
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Appeal from the Register’s Court of Philadelphia county. Jan. 15,16. — On the 24th February, 1844, appellant filed a petition, stating that in 1833, his younger brother Catchick died in Calcutta, and letters of administration there and in London were then granted to appellant, who also administered in Copenhagen. In 1837, he came to Philadelphia to administer on the estate here, and to attend'to his own family’s interest, under the will of his grandfather, under which his brother derived his estate. As that estate was not ready for his distribution, there being no other assets, he proposed…
1Opinion of the CourtSergeant, J.
— The act of the 15lh March, 1832, prescribes certain general rules, according to which the register is to be governed in granting letters of administration, but still there is a legal discretion to be exercised by him in many cases. He may grant them to the widow or relations, or he may join one or more of them with the widow, preferring those of the nearest degree of consanguinity, and males to females; and even these are not entitled, if incompetent, of which the register must judge. Among the causes of incompetency appears to be non-residence in the state, as may be inferred from the…
2Cited by6 opinions
- Crawford's EstateSupreme Court of Pennsylvania · 1940
- Friese's EstateSupreme Court of Pennsylvania · 1934
- Breen v. KehoeMichigan Supreme Court · 1905
- Kiker EstatePennsylvania Orphans' Court, Delaware County · 1957
- Knell's EstateSuperior Court of Pennsylvania · 1911
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