Ralston's Estate
Supreme Court of Pennsylvania
Appeal, No. 123, Oct. T., 1893, by John Johnston, a creditor, from decree of O. C. Armstrong Co., Sept. T., 1888, No. 1, dismissing exceptions to adjudication of administrators’ account in estate of John Ralston, deceased.. Adjudication of administrators’ account. Before Noyes, P. J., 87th judicial district, specially presiding.
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Appeal, No. 123, Oct. T., 1893, by John Johnston, a creditor, from decree of O. C. Armstrong Co., Sept. T., 1888, No. 1, dismissing exceptions to adjudication of administrators’ account in estate of John Ralston, deceased.. Adjudication of administrators’ account. Before Noyes, P. J., 87th judicial district, specially presiding. The auditor, R. A. McCullough, Esq., reported the facts in substance as follows : John Ralston had four sons, all of whom were of full age prior to his death, which occurred on Aug. 29, 1879. Some seven or eight years prior to this he had taken his sons, William,…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The judgment in favor of Blaney to use, etc., was not confessed by Hawk, Adm. defendant, until after appellant’s judgment, a test case upon a claim exactly similar, had been affirmed by this court. Presumably therefore there was no defence, and the learned judge of the common pleas so held in discharging the rule to open it. He also held that there was nothing in the evidence to justify a finding of fraud or collusion. This point therefore was res adjudicata between the present parties, and the only matter left open in the orphans’ court was the alleged trust…
2Cases cited4 opinions
- Heron v. HoffnerSupreme Court of Pennsylvania · 1832
- Bowman's AppealSupreme Court of Pennsylvania · 1869
- Shoenberger's Executors v. Lancaster Savings InstitutionSupreme Court of Pennsylvania · 1857
- Miller v. MeetchSupreme Court of Pennsylvania · 1848
3Cited by8 opinions
- Iacaponi v. New Amsterdam Casualty CompanyDistrict Court, W.D. Pennsylvania · 1966
- Beckman, SEC. of Bkg. v. Owens, Ex.Superior Court of Pennsylvania · 1939
- Miller's EstateSupreme Court of Pennsylvania · 1907
- Cavanaugh v. Dore, ExecutorsSuperior Court of Pennsylvania · 1947
- Weidner's EstateSuperior Court of Pennsylvania · 1909
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