Myers v. Bryson
Supreme Court of Pennsylvania
Appeal, No. 72, Oct. T., 1893, by-defendants, John and Thomas B. Bryson, from judgment of O. P. Washington Co., No. 634, in equity, from decree on bill in equitjq by Theodore Myers and Margaret Bryson Myers, his wife. Bill in equity for an account.
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Appeal, No. 72, Oct. T., 1893, by-defendants, John and Thomas B. Bryson, from judgment of O. P. Washington Co., No. 634, in equity, from decree on bill in equitjq by Theodore Myers and Margaret Bryson Myers, his wife. Bill in equity for an account. Before McIlvaine, P. J. The bill was filed for an account under the following agreement in writing, signed and sealed by the parties: “ Article of agreement made this 30th day of September, A. D. 1881, between Margaret Bryson, widow, John Bryson, Ann Eliza Bryson, Thomas B. Bryson, Catharine R. Bryson and Theodore Myers and Margaret B.…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
We are unable to agree with the master and the learned court below, that this is a bill for account only, as a basis for future settlement. The second prayer is for an account “in order that a final settlement of said estate may be made, and your orators receive whatever they may be entitled to of the same.” This is substantially a prayer for a termination of the trust, settlement, and distribution. But even if this had been wanting, a court of equity having taken jurisdiction of the case up to this point and finding it ready for final adjudication, would…
2Cited by7 opinions
- Bowman v. Gum, Inc.Supreme Court of Pennsylvania · 1937
- Hurst v. BrennenSupreme Court of Pennsylvania · 1913
- Gwinn v. LeeSuperior Court of Pennsylvania · 1898
- Hayden v. HaydenSupreme Court of Pennsylvania · 1946
- Holden v. Bernstein Manufacturing Co.Supreme Court of Pennsylvania · 1911
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