Legal Opinion

McCaffrey's Estate

Supreme Court of Pennsylvania

Decided March 11, 1861PublishedCited by 2 opinions

Appeal from the Register’s Court of Philadelphia county. This was an appeal by Byron Woodward, from the decree of the Register’s Court affirming the decision of the register of wills, in revoking the grant of letters of administration on the estate of Thomas McCaffrey to the appellant, and dismissing his appeal from the register to the Register’s Court.

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Appeal from the Register’s Court of Philadelphia county. This was an appeal by Byron Woodward, from the decree of the Register’s Court affirming the decision of the register of wills, in revoking the grant of letters of administration on the estate of Thomas McCaffrey to the appellant, and dismissing his appeal from the register to the Register’s Court. Thomas McCaffrey died in 1832, leaving a widow and two children (minors), having made a will in which he appointed Michael Clark and Daniel Hughes executors. This will was duly proved in August 1833. On the 22d of February 1860, Mark…

1Opinion of the Court

The opinion of the court was delivered,

by Thompson, J.

— The register revoked the letters of administiation cum testamento annexo, previously granted to the appellant, on application of the widow and daughter of the deceased; and on appeal the Register’s Court affirmed the decision. The case is now here on appeal from that decision.

The ground of this proceeding was that the letters had been improvidently granted to the appellant, without notice to and in contravention of the rights of those legally entitled to administration. This was for cause antecedent to the grant of letters, and if not…

2Cases cited1 opinion

  1. Loy v. KennedySupreme Court of Pennsylvania · 1841

3Cited by2 opinions

  1. Kern's EstateSupreme Court of Pennsylvania · 1905
  2. Phillips's EstatePennsylvania Orphans' Court, Greene County · 1927

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