Kates's Estate
Supreme Court of Pennsylvania
Appeal, No. 103, July T., 1891, by petitioner, Theodore N. Kates, from decree of O. C., Phila. Co., Jan. T., 1886, No. 305, dismissing petitions filed in the estate of William Kates, deceased. Petitions praying for an inquest in partition and for an issue to the common pleas to try the question of fact whether or not petitioner is a son of William Kates and Eliza Jane Kates, deceased.
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Appeal, No. 103, July T., 1891, by petitioner, Theodore N. Kates, from decree of O. C., Phila. Co., Jan. T., 1886, No. 305, dismissing petitions filed in the estate of William Kates, deceased. Petitions praying for an inquest in partition and for an issue to the common pleas to try the question of fact whether or not petitioner is a son of William Kates and Eliza Jane Kates, deceased. The facts appear by the opinion of the court below, Ash-man, J., which was as follows: “ In this case two petitions, the one for partition and the other for an issue to determine a question of fact set up in the…
1Opinion of the Court
Per Curiam,
The first specification alleges that the court below erred in refusing to send their precept to the court of common pleas of Phila. county to try before the jury the following question of fact: “ Whether Theodore N. Kates is or is not the son of William and Eliza Jane Kates.” The second and fifth specifications raise the same question.
The 55th section of the act of March 29, 1832, P. L. 208, provides as follows:
“ The orphans’ court shall have power to send an issue to the court of common pleas of the same county, for the trial of facts by a jury, whenever they shall deem it…
2Cases cited1 opinion
- Estate of SheehanSupreme Court of Pennsylvania · 1891
3Cited by3 opinions
- Becker EstateSupreme Court of Pennsylvania · 1945
- Ike's EstateSupreme Court of Pennsylvania · 1912
- Ike's EstateSupreme Court of Pennsylvania · 1901