Commonwealth v. Allen
Supreme Court of Pennsylvania
Appeal, No. 36, Jan. T., 1916, by The National Surety Company, from judgment of C. P. Susquehanna Co., Jan. T., 1915, No. 151, for plaintiff, for want of a sufficient affidavit of defense, in case of Commonwealth of Pennsylvania, to the use of E. E. W. Searle, Trustee of the Estate of Harrison H. Dougherty, late of the Township of Franklin, deceased, v. Miller S. Allen, former Trustee of the Estate of Harrison H. Dougherty, and The National Surety Company of the City of New…
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Appeal, No. 36, Jan. T., 1916, by The National Surety Company, from judgment of C. P. Susquehanna Co., Jan. T., 1915, No. 151, for plaintiff, for want of a sufficient affidavit of defense, in case of Commonwealth of Pennsylvania, to the use of E. E. W. Searle, Trustee of the Estate of Harrison H. Dougherty, late of the Township of Franklin, deceased, v. Miller S. Allen, former Trustee of the Estate of Harrison H. Dougherty, and The National Surety Company of the City of New York and State of New York. Assumpsit on a bond. Rule for judgment for want of a sufficient affidavit of defense. Before…
1Opinion of the Court
Opinion by
Mr. Justice Frazer,
H. H. Dougherty by his will left his entire estate to his wife and children for their lives with remainder to his grandchildren. In 1908 the life tenants presented a petition to the Orphans’ Court asking for the sale of a certain piece of realty belonging to the estate, averring the property was greatly out of repair and depreciating in value and imposed a burdensome expense for its maintenance upon petitioners. An auditor was appointed to report the facts, who recommended the sale of the property for $1,800. The lower court approved the auditor’s recommendation…
2Cases cited6 opinions
- Commonwealth v. Fidelity & Deposit Co.Supreme Court of Pennsylvania · 1909
- Byrne v. HaydenSupreme Court of Pennsylvania · 1889
- Commonwealth ex rel. John T. Baldwin & Co. v. YeisleySuperior Court of Pennsylvania · 1898
- Crawford v. StewartSupreme Court of Pennsylvania · 1861
- Township of Hazle v. MarkleSupreme Court of Pennsylvania · 1896
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