Cote v. VonBonnhorst
Supreme Court of Pennsylvania
Certiorari to the District Court of Allegheny county. This was an appeal to the Supreme Court, by Marcellin Cote and Mary his wife, from the decree of the court below, dismissing a bill in equity which had been filed by appellant against S. F. VonBonnhorst, administrator cum test, annexo of George Miltenberger, deceased.
Read the full summary
Certiorari to the District Court of Allegheny county. This was an appeal to the Supreme Court, by Marcellin Cote and Mary his wife, from the decree of the court below, dismissing a bill in equity which had been filed by appellant against S. F. VonBonnhorst, administrator cum test, annexo of George Miltenberger, deceased. The bill of complainants set forth, that George Miltenberger, late of Allegheny City, deceased, made and published his last will in writing, bearing date on or about the 25th day of July,' A. D. 1856; that, at the time of making his said last will, and at the time of his…
1Opinion of the Court
The opinion of the court was delivered,
by Strong, J.
Whether a court of equity would relieve against such a mistake as is alleged in the complainants’ bill — whether it would order to be surrendered and cancelled a bond and mortgage given by a devisee in pursuance of a family arrangement, for the reason that both parties were mistaken in the nature and extent of the interest devised to the mortgagor — might be worthy of inquiry, if it clearly appeared that a mistake had been made. But the inquiry is needless in this case. The will of George Miltenberger gave to Mrs. Cote, the complainant, no…
2Cited by12 opinions
- Oyster v. KnullSupreme Court of Pennsylvania · 1890
- Chambers v. Union Trust Co.Supreme Court of Pennsylvania · 1912
- Farrell v. FariesSupreme Court of Delaware · 1941
- Appeal of KeimSupreme Court of Pennsylvania · 1889
- O'Rourke v. SherwinSupreme Court of Pennsylvania · 1893
7 more not listed; retrieve them via the Exa API.