Legal Opinion

Appeal of Weldy

Supreme Court of Pennsylvania

Decided April 16, 1883PublishedCited by 2 opinions

Appeal from the Orphans’ Court of Berks county: Of January Term 1883, No. 286. This was an appeal by Mary Jane Weldy and Catharine M. Fox, Administratrix d. b. n. c. t. a. of Elizabeth Seyfert, deceased, from a decree of said court dismissing their exceptions to and confirming the report of an Auditor appointed to audit and restate the second account of Hon. Tlios.

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Appeal from the Orphans’ Court of Berks county: Of January Term 1883, No. 286. This was an appeal by Mary Jane Weldy and Catharine M. Fox, Administratrix d. b. n. c. t. a. of Elizabeth Seyfert, deceased, from a decree of said court dismissing their exceptions to and confirming the report of an Auditor appointed to audit and restate the second account of Hon. Tlios. K. Elcocfe, executor of Henry A. Seyfert, deceased, and make distribution of the balance in the bands of the accountant. The facts, as they appeared before the Auditor, were as follows: The decedent, Henry A. Seyfert, and bis…

1Opinion of the CourtJustice Gordon

We cannot at all agree to adopt the result reached, in the case in hand, by the Auditor and court below. Not only are wrong conclusions drawn from the facts presented, but in one important particular the facts do not support the finding. It may be, and doubtless is true, that Mrs. Weldy did not claim the interest due her, on the fund created by her mother’s will from Henry A. Seyfert, during his life, and it may also be taken for true, that she presented no claim against his estate therefor for nearly seven years after his death. But neither of these things have any special significance. That…

2Cases cited3 opinions

  1. Case of M'Nair's AppealSupreme Court of Pennsylvania · 1833
  2. Verner's EstateSupreme Court of Pennsylvania · 1837
  3. Appeal of BrownSupreme Court of Pennsylvania · 1788

3Cited by2 opinions

  1. Cheever v. EllisMichigan Supreme Court · 1906
  2. Irvine's EstateSupreme Court of Pennsylvania · 1902

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