Brown's Appeal
Supreme Court of Pennsylvania
March 1st 1871. Before Thompson, C. J., A&new, Sharswood and Williams, JJ. Bead, J., at Nisi Prius. Appeal from the Orphans’ Court of Philadelphia: No. 278, to January Term 1870. The facts in this case are the following:— About the 2Sd of December 1868, Joseph Chew the elder died, having made his will, which was duly proved, and by which he gave the residue of his estate to his son Joseph Chew, Jr., and J. Gr.
Read the full summary
March 1st 1871. Before Thompson, C. J., A&new, Sharswood and Williams, JJ. Bead, J., at Nisi Prius. Appeal from the Orphans’ Court of Philadelphia: No. 278, to January Term 1870. The facts in this case are the following:— About the 2Sd of December 1868, Joseph Chew the elder died, having made his will, which was duly proved, and by which he gave the residue of his estate to his son Joseph Chew, Jr., and J. Gr. Brinckle, in trust, amongst other things to pay the income in the proportions mentioned to certain children and grandchildren during their lives, and upon the death of any of the life…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, C. J.
We think it very clearly within the discretion of the Orphans’ Court, when it has decreed a private sale of real property under the Act of 18th April 1853, even after investigation by an auditor as to the terms proposed, and even where the assent of heirs and guardians has been obtained for the proposed sale, to open the decree, and receive a more favorable proposition for the estate, before proceedings under the order have been consummated. This is what was done in this case. Nothing had been done to consummate the first order, when a…
2Cited by14 opinions
- Baton Coal Company AppealSupreme Court of Pennsylvania · 1950
- Fricke's EstateSuperior Court of Pennsylvania · 1901
- Brittain's EstateSuperior Court of Pennsylvania · 1905
- Assigned Estate of MyersSupreme Court of Pennsylvania · 1899
- Crawford's EstateSupreme Court of Pennsylvania · 1936
9 more not listed; retrieve them via the Exa API.