Estate of Brotzman
Pennsylvania Orphans' Court, Northampton County
No. 58 January Term 1890, Sup. Ct.; court below, number and term not given. On September 8, 1888, Catharine Brotzman presented her petition to -the Orphans’ Court, averring that under the will of her father, Joseph Brotzman, deceased, the petitioner, as the survivor of her mother, then deceased, was entitled to receive out of the rents of a certain ore bed, devised by said will and thereby charged with the provision in favor of the petitioner, the sum of |100 annually so…
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No. 58 January Term 1890, Sup. Ct.; court below, number and term not given. On September 8, 1888, Catharine Brotzman presented her petition to -the Orphans’ Court, averring that under the will of her father, Joseph Brotzman, deceased, the petitioner, as the survivor of her mother, then deceased, was entitled to receive out of the rents of a certain ore bed, devised by said will and thereby charged with the provision in favor of the petitioner, the sum of |100 annually so long as she should remain single, if, in the opinion of the executors of said will, such annuity was necessary for her…
1Opinion of the Court
Pee Curiam:
When this case was here before: Brotzman’s App., 119 Pa. 645, it was in the equity side of the Court of Common Pleas, and we held that the proceeding should have been commenced in the Orphans’ Court, which has exclusive jurisdiction in the case of a charge upon real estate. We dismissed the bill, at the same time saying: “ Upon the merits, we are all with the learned auditor, and are of opinion the plaintiff is entitled to the sum awarded her, but as she is in the wrong court, wo cannot help her in this proceeding. The court reversed the auditor, and dismissed the bill. We are…
2Cases cited2 opinions
- Brotzman v. RiehlSupreme Court of Pennsylvania · 1888
- Kearns v. KearnsSupreme Court of Pennsylvania · 1884
3Cited by5 opinions
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- Security Savings Bank v. WilliamsSupreme Court of Iowa · 1920
- Kendall v. United Air Lines, Inc. Sebo v. United Air Lines, Inc.Court of Appeals for the Second Circuit · 1952
- Willcox v. WillcoxSupreme Court of Virginia · 1907
- Osborne's Petition, Pennsylvania Court of Common Pleas, Susquehanna County1934