Legal Opinion

Erb v. Erb

Supreme Court of Pennsylvania

Decided May 15, 1845PublishedCited by 8 opinions

ERROR to the Common Pleas of Lancaster county. Magdalena Erb, administratrix of Christian Erb, deceased, against the administrators of Christian Erb, deceased. The parties stated the following case, and agreed to consider it as a special verdict: Christian Erb of Warwick township died 4th October 1842, intestate, leaving a widow Magdalena and five children, Harriet, Henry, Nancy, Peter and Catharine.

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ERROR to the Common Pleas of Lancaster county. Magdalena Erb, administratrix of Christian Erb, deceased, against the administrators of Christian Erb, deceased. The parties stated the following case, and agreed to consider it as a special verdict: Christian Erb of Warwick township died 4th October 1842, intestate, leaving a widow Magdalena and five children, Harriet, Henry, Nancy, Peter and Catharine. The administrators of the estate of Christian Erb, deceased, are Isaac Erb and Jacob Erb, who, on the 10th May 1844, filed their account, which exhibited a balance in their favour of $1150.38|.…

1Opinion of the Court

The opinion of the Court was delivered by

Kennedy, J.

According to the case, as stated by the counsel of the parties, it became necessary to apply to the Orphans’ Court of the county for an order, authorizing the administrators of Christian Erb, who died intestate, to sell his real estate to raise money thereby for the purpose of paying his debts, which order was made on the 19th August 1844. The administrators, pursuant thereto, sold the estate at auction on the 12th October 1844, to *149Jacob Erb, for $7957.03 ; one-third thereof, after paying the debts of the intestate and the expenses of the…

2Cited by8 opinions

  1. Demmy's AppealSupreme Court of Pennsylvania · 1862
  2. Overdeer's Administrator v. UpdegraffSupreme Court of Pennsylvania · 1872
  3. Greenough v. SmallSupreme Court of Pennsylvania · 1890
  4. Behrens v. MountzSuperior Court of Pennsylvania · 1908
  5. Crawford's EstateSupreme Court of Pennsylvania · 1908

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