Shields's Appeal
Supreme Court of Pennsylvania
Appeal from tbe Register’s Court of Philadelphia county. The will of Thomas Shields, dated 17th July, 1832, and relating to both personal and real estate, had been proved on 25th and 26th December, 1845. Two executors were appointed, viz., David Shields and David Weatherly, and letters testamentary were issued to Weatherly, who had no interest in the will, except as executor.
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Appeal from tbe Register’s Court of Philadelphia county. The will of Thomas Shields, dated 17th July, 1832, and relating to both personal and real estate, had been proved on 25th and 26th December, 1845. Two executors were appointed, viz., David Shields and David Weatherly, and letters testamentary were issued to Weatherly, who had no interest in the will, except as executor. He stated that he had settled his accounts and been discharged; and it appeared that, on the 9th May', 1848, on his petition as acting executor, he had been discharged. On 23d September, 1848, at a Register’s Court, an…
1Opinion of the Court
The opinion of the Court was delivered, by
Lewis, J.
In England, when the charter was granted by Charles II. to William Penn, the probate of wills and granting letters of administration, so far as the same related to the personal estate, was under the jurisdiction of the Spiritual Court. But if the testament concerned lands alone, and had no relation to the goods, that Court had no authority to take the probate; and if it attempted to compel the parties to proceed before it, a prohibition would issue : Cro. Car. 396. But, where the will related to lands and goods, and so was a mixed will, it…
2Cases cited2 opinions
- Smith v. BonsallSupreme Court of Pennsylvania · 1835
- Lewis v. PrattSupreme Court of Pennsylvania · 1836