Legal Opinion

Webb v. Dietrich

Supreme Court of Pennsylvania

Decided July 15, 1844PublishedCited by 6 opinions

ERROR to the Common Pleas of■>Columbia county. Adam Dietrich and wife ¿gainst Samuel Webb, Thomas Webb and Joshua Webb. Feigned issue.- This case originated in a petition to the Orphans’ Court by the plaintiffs, in which they alleged that Samuel Webb, the father of the defendants, by his will devised a tract of land to his executors, the defendants, to be sold, and in the proceeds of which the plaintiffs were interested; that they -made-a pretended sale thereof to one Thomas…

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ERROR to the Common Pleas of■>Columbia county. Adam Dietrich and wife ¿gainst Samuel Webb, Thomas Webb and Joshua Webb. Feigned issue.- This case originated in a petition to the Orphans’ Court by the plaintiffs, in which they alleged that Samuel Webb, the father of the defendants, by his will devised a tract of land to his executors, the defendants, to be sold, and in the proceeds of which the plaintiffs were interested; that they -made-a pretended sale thereof to one Thomas Greveling for an inadequate price, who -reconveyed the same to the defendants for the same consideration; and praying…

1Opinion of the Court

*402The opinion of the Court was delivered by

Sergeant, J.

If the object of the present proceeding is to set aside the sale to Thomas Creveling of the 5th April 1834, it seems to be a singular mode of arriving at it. The amicable action and issue recite that the deed was made to Creveling by the executors for the purpose of defrauding the other devisees, and they were cited to show cause why they should not be discharged from the executorship. But (except the cases of lunacy or drunkenness) the only ground of such proceeding against an executor in the Orphans’ Court that I am aware of is under the…

2Cited by6 opinions

  1. Appeal of AultmanSupreme Court of Pennsylvania · 1882
  2. Continental Bank & Trust Co. of New York v. American Assembling MacHine Co.Supreme Court of Pennsylvania · 1944
  3. Massey v. StoutCourt of Chancery of Delaware · 1871
  4. Noonan EstateSuperior Court of Pennsylvania · 1948
  5. Arthurs' AppealSupreme Court of Pennsylvania · 1854

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