Postlethwaite's Appeal
Supreme Court of Pennsylvania
May 9th 1871. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Appeal from the Orphans’ Court of Franklin county: No. 44, to May Term 1871. In the estate of Adam Shirey, deceased.
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May 9th 1871. Before Thompson, C. J., Agnew, Sharswood and Williams, JJ. Appeal from the Orphans’ Court of Franklin county: No. 44, to May Term 1871. In the estate of Adam Shirey, deceased. The proceedings were commenced August 11th 1870, by the petition of A. G. Postlethwaite and Elizabeth his wife, late Elizabeth Shirey, and J. Wesley Shirey, against James C. McLanahan, administrator of Milton Shirey, deceased, Elizabeth Shirey, widow, and Missouri, Myron, Homer and Abner E. Shirey, children of said Milton Shirey. Adam Shirey died in May 1862, leaving a widow, Elvinia, and three children,…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
There was no incongruity as is supposed in the decree below dismissing the petition of the appellants with costs, and at the same time making a decree in favor of the respondent, awarding the principal of the legacy to him. The 59th section of the Act of Assembly of February 24th 1834, Pamph. L. 84, provides that “ When a legacy is or shall be hereafter charged upon or payable out of real estate, it shall be lawful for the legatee to apply by bill or petition to the Orphans’ Court having jurisdiction of the accounts of the executor of the…
2Cited by26 opinions
- Moorehead's EstateSupreme Court of Pennsylvania · 1927
- McGlathery's EstateSupreme Court of Pennsylvania · 1933
- Mayer's EstateSupreme Court of Pennsylvania · 1927
- Estate of StambaughSupreme Court of Pennsylvania · 1890
- Schmick EstateSupreme Court of Pennsylvania · 1944
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