Barbara Gesell's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lancaster county: Of May Term 1877, No. 148. This was the appeal of Barbara Gesell from the decree of the court awarding an inquest in partition in the estate of Abraham Erisman, deceased.
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Appeal from the Orphans’ Court of Lancaster county: Of May Term 1877, No. 148. This was the appeal of Barbara Gesell from the decree of the court awarding an inquest in partition in the estate of Abraham Erisman, deceased. The proceedings commenced by the petition of John B. Good, guardian of John Erisman, filed August 21st 1876, and which set forth, that Abraham Erisman died intestate in September 1843, leaving a widow named Barbara, who in August 1846 married John C. Gesell, who died in 1865, leaving said Barbara surviving him; said Abraham Erisman also left six children surviving him,…
1Opinion of the CourtJustice Mercur
This is an appeal from an order of the Orphans’ Court awarding an inquest of partition. A motion is made to quash the appeal on the ground that the order is not a final decree.
The 59th-section of the Act of 29th March 1832, Pamph. L. 213, declares “ any person aggrieved by a definitive sentence or decree of the Orphans’ Court, may appeal from the same to the Supreme Court.” It further declares “ no appeal shall be allowed unless the same be entered and security given within three years after the final decree.” Thus it appears the statute gives no appeal except from a definitive or final…
2Cases cited3 opinions
- Foster v. CommonwealthSupreme Court of Pennsylvania · 1844
- Hess's AppealSupreme Court of Pennsylvania · 1832
- Logan v. JenningsSupreme Court of Pennsylvania · 1834
3Cited by6 opinions
- Watkins v. HughesSupreme Court of Pennsylvania · 1903
- Doyle's EstateSupreme Court of Pennsylvania · 1927
- Reese Bernard Electric Co. v. LeventrySuperior Court of Pennsylvania · 1931
- Hall v. HainesSuperior Court of Pennsylvania · 1909
- Chew v. PhiladelphiaSuperior Court of Pennsylvania · 1907
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