Elliot v. Elliot
Supreme Court of Pennsylvania
THIS was an appeal from a decree of the Orphan~s Court for the county of Dauphin. The case, as it appeared from the record, aud a variet~ of depositions that were taken in this court, was thus: Da niel Elliot the father of both parties, died intestate prior t the year 1794, leaving issue ~o1m the appellee, West hi~ second son, Mary, who afterwards married 7ames Hamil ton, and William the youngest son, the appellant.
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THIS was an appeal from a decree of the Orphan~s Court for the county of Dauphin. The case, as it appeared from the record, aud a variet~ of depositions that were taken in this court, was thus: Da niel Elliot the father of both parties, died intestate prior t the year 1794, leaving issue ~o1m the appellee, West hi~ second son, Mary, who afterwards married 7ames Hamil ton, and William the youngest son, the appellant. At th~ time of his death, he was seised in fee of part of an islanc in the river Susquefzanna, which had been surveyed bç vir tue of a warrant from the late proprietaries of…
1Opinion of the Court
Tilghman C. J.
after stating the case, delivered his opinion as follows.
The reasons which have been urged on the argument of this cause for annulling the decree of the Orphan’s Court are, 1. That William ,had no guardian at the time of the valuation, and the Orphan’s Court were ignorant of that circumstance, it not being stated, as it ought to have been in his brother John’s petition. 2. That John Elliot fraudulently concealed from the jury the real quantity of land, which was in fact 19 acres and 13. perches more than was mentioned in the patent. 3. That whether John was guilty of fraud or…
2Cases cited1 opinion
- Shortz v. QuigleySupreme Court of Pennsylvania · 1807
3Cited by4 opinions
- Rogers v. JonesSuperior Court of New Hampshire · 1836
- Clark's AppealSupreme Court of Pennsylvania · 1851
- McGunigal v. MongSupreme Court of Pennsylvania · 1847
- Steel's EstatePennsylvania Orphans' Court, Philadelphia County · 1938