Legal Opinion

Lancaster & Mintzer's Appeal

Supreme Court of Pennsylvania

Decided February 15, 1886PublishedCited by 4 opinions

Appeal from the Orphans’Court of Philadelphia county: Of January Term, 1885, No 133. Appeal of Sarah A. Lancaster and George W. Mintzer from the decree of the Orphans’ Court, made June 28th, 1884, dismissing their petition for the vacation of the appointment of The Guarantee Trust and Safe Deposit Company as trustee and administrator, d. h. n. c. t. a., of the estate of William G. Mintzer, deceased.

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Appeal from the Orphans’Court of Philadelphia county: Of January Term, 1885, No 133. Appeal of Sarah A. Lancaster and George W. Mintzer from the decree of the Orphans’ Court, made June 28th, 1884, dismissing their petition for the vacation of the appointment of The Guarantee Trust and Safe Deposit Company as trustee and administrator, d. h. n. c. t. a., of the estate of William G. Mintzer, deceased. William G. Mintzer died testate in Philadelphia, July 6th, 1869. His will is dated April 24th, 1869. He left surviving three children, namely: George W. Mintzer, Sarah A. Mintzer (now Lancaster),…

1Opinion of the CourtJustice Trunkey

The decree removing Alexander Thackara from the office of executor and trustee is unassailed. There was no written petition or motion for the appointment of an administrator and trustee in the place of Thackara.

It is remarked in the opinion filed in the Orphans’ Court, ‘‘that the appointment of the trustee appears from 'the record to have been inadvertently made, and not in accordance with the evident intent of the Acts of Assembly upon the subject, and the established practice of the court.” That this is true is alleged by the appellants and not gainsaid by the appellee. Reyond question,…

2Cited by4 opinions

  1. Galli's EstateSupreme Court of Pennsylvania · 1941
  2. Briggs' EstateSuperior Court of Pennsylvania · 1942
  3. Stolzenbach's EstateSupreme Court of Pennsylvania · 1942
  4. Krug v. KellerSuperior Court of Pennsylvania · 1898

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