Le Moyne's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Washington country : Of October and November Term 1883, No. 148. This was an appeal by John Y. LeMoyne, from a decree sustaining a demurrer to a petition filed by him for a review or rehearing of the adjudication upon the account of Julius Le Moyne and Y. Harding, executors of the will of Dr. F. J. Le Moyne, and dismissing his petition.
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Appeal from the Orphans’ Court of Washington country : Of October and November Term 1883, No. 148. This was an appeal by John Y. LeMoyne, from a decree sustaining a demurrer to a petition filed by him for a review or rehearing of the adjudication upon the account of Julius Le Moyne and Y. Harding, executors of the will of Dr. F. J. Le Moyne, and dismissing his petition. The record showed the following facts : On March 11th 1881 the above named executors of Dr. E. J. Le Moyne, deceased, filed a partial account in the register’s office of Washington county, which was duly confirmed by the…
1Opinion of the Court
The opinion of the court was filed October 29th 1883.
Pee Curiam.
The application of the appellant was substantially a bill of review. As a matter of right a review can be had in two cases only, one for error apparent on the face of the record, the other for new matter that has arisen since the decree: Green’s Appeal, 9 P. F. Smith 235. It may be allowed ex *324gratia for new evidence as to facts discovered after decree made, which could not have been procured by the exercise of due diligence before: Id.
Ho one of these grounds is averred in the petition. It is not alleged that the accountants…
2Cited by10 opinions
- Milliken's AppealSupreme Court of Pennsylvania · 1910
- Dox's EstateSupreme Court of Pennsylvania · 1910
- Stetler's EstateSuperior Court of Pennsylvania · 1909
- Bickford's EstateSuperior Court of Pennsylvania · 1901
- Estate of GosnerPennsylvania Orphans' Court, Northampton County · 1890
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