In re Koch's Estate
Supreme Court of Pennsylvania
This was an appeal by M. H. Messchert, and H. Messchert, administrators of Jacob Gerard Koch, from the decree of the Orphans’ Court, for the City and County of Philadelphia, made in the matter of their accounts. The following exceptions were taken by H. Messchert surviving administrator. First.
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This was an appeal by M. H. Messchert, and H. Messchert, administrators of Jacob Gerard Koch, from the decree of the Orphans’ Court, for the City and County of Philadelphia, made in the matter of their accounts. The following exceptions were taken by H. Messchert surviving administrator. First. That the report of the auditors made on the 3d day of November, 1832, and the decree of said Orphans’ Court thereupon, whereby a distribution of a moiety of the balance in the hands of said administrator, was made to the following named persons, and in the following proportions, viz. To Mai'ia Anna…
1Opinion of the Court
The opinion of the court was delivered by
Sergeant J.
It is the opinion of this court, that the decree of the Orphans’ Court of the 10th of January, 1833, substituting a retention of money in the hands of the administrators, in lieu of security to refund, was not authorized by the act of 19th April, 1794, for distribution of intestates’ effects,
The fifteenth section of that act, requires security to be given in all cases.
After the decree of the court below, the act of assembly of the 24th of February, 1834, embracing the new code on this subject, was passed, and on the 1st of October last, came…
2Cases cited4 opinions
- Commonwealth v. DuaneSupreme Court of Pennsylvania · 1809
- Underwood v. LillySupreme Court of Pennsylvania · 1823
- Certiorari to the Sessions of Montgomery CountySupreme Court of Pennsylvania · 1807
- Tate v. StooltzfoosSupreme Court of Pennsylvania · 1827
3Cited by7 opinions
- Commonwealth v. Monumental Properties, Inc.Supreme Court of Pennsylvania · 1974
- Masland v. BachmanSupreme Court of Pennsylvania · 1977
- Carter v. BigelowCourt of Appeals for the Tenth Circuit · 2015
- Certiorari to the Sessions of Montgomery CountySupreme Court of Pennsylvania · 1807
- Beebe v. BirkettMichigan Supreme Court · 1896
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