Legal Opinion

Wachter's Case

Supreme Court of Pennsylvania

Decided March 31, 1879No. 188Published

Appeal from the Common Pleas of Schuylkill County, No. 188 January Term, 1877. Appeal by F. J. Wachter and Mary, his wife, in right of Mary Wachter, Executrix of Lorenz Fisher, deceased. Loreuz Fisher died in 1851, leaving a widow, Mary and six children, to whom' he devised his estate. Nicholas Graber married Mary, one of the children who died having devised her whole estate to her husband.

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Appeal from the Common Pleas of Schuylkill County, No. 188 January Term, 1877. Appeal by F. J. Wachter and Mary, his wife, in right of Mary Wachter, Executrix of Lorenz Fisher, deceased. Loreuz Fisher died in 1851, leaving a widow, Mary and six children, to whom' he devised his estate. Nicholas Graber married Mary, one of the children who died having devised her whole estate to her husband. The widow and Fidel Fisher were executors of Lorenz Fisher: Fidel Fisher having filed an account, applied to the court and was discharged ; leaving th¿ widow sole executrix. The executrix filed several…

1Opinion of the Court

*273On March 31, 1879, the Supreme Court affirmed -the decision of the Court below in the following opinion.

2Per curiam 1

The record shows a judgment in the Court below upon a certified transcript from the Orphans’ Court of a balance due by the feme defendant as executrix of Lorenz Fisher, deceased. It is clear that the Court of Common Pleas could not re-examine the decree of the Orphans’ Court upon the administration accounts of the executrix. That the Court had jurisdiction and considering that the auditor was not appointed to make distribution — the error of Court in confirming his report, if there was any,…

Also in this document: Per curiam 2.

3Cases cited3 opinions

  1. Thomas v. ShoemakerSupreme Court of Pennsylvania · 1843
  2. Patterson v. PoindexterSupreme Court of Pennsylvania · 1843
  3. Hamill v. O'Donnell, Pennsylvania Court of Common Pleas, Philadelphia County1837

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