Legal Opinion

Appeal of Wentz

Supreme Court of Pennsylvania

Decided May 27, 1889No. 126PublishedCited by 12 opinions

FROM THE DECREE OF THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 126 January Terra 1889, Sup. Gt.; court below, No. 55 January Term 1888, O. C. On June 7, 1888, the account of J. L. Hutchinson,'administrator of Wilhelmina E. Bladen, was called for audit, when it appeared that under proceedings in partition in 1844, the real estate of Peter K. Emerick, who died in 1848, was sold in parcels, the interest of his widow being either charged upon the parcel sold or secured by the…

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FROM THE DECREE OF THE ORPHANS’ COURT OF PHILADELPHIA COUNTY. No. 126 January Terra 1889, Sup. Gt.; court below, No. 55 January Term 1888, O. C. On June 7, 1888, the account of J. L. Hutchinson,'administrator of Wilhelmina E. Bladen, was called for audit, when it appeared that under proceedings in partition in 1844, the real estate of Peter K. Emerick, who died in 1848, was sold in parcels, the interest of his widow being either charged upon the parcel sold or secured by the mortgage of the purchaser. On the death of the widow, December 11, 1886, the sum of $8,000, the principal set apart to…

1Opinion of the Court

Opinion,

Mr. Justice Mitchell:

If we confined ourselves rigidly to the question raised by the actual record, this case would lie in a very small compass. The account is the account of the administrator of Wilhelmina Bladen; the money was received by him as money due to his intestate; was put in his account as money, and now must necessarily be distributed as money, and that is the end of the case.

But as the administrator filed his account in its present form, under the order of the Orphans’ Court, for the very purpose of raising the real question in controversy between these parties, and it has…

2Cases cited3 opinions

  1. Kann's EstateSupreme Court of Pennsylvania · 1871
  2. McCune's AppealSupreme Court of Pennsylvania · 1870
  3. Hay's AppealSupreme Court of Pennsylvania · 1866

3Cited by12 opinions

  1. Wolfe v. Lewisburg Trust & Safe Deposit Co.Supreme Court of Pennsylvania · 1931
  2. Welles's EstateSupreme Court of Pennsylvania · 1894
  3. Cook v. Estate of ToddSupreme Court of Iowa · 1958
  4. Estate of SchmidSupreme Court of Pennsylvania · 1897
  5. First & Final Account of WellesSupreme Court of Pennsylvania · 1899

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