Case of the Estate of Koch
Supreme Court of Pennsylvania
This case arose upon a rule to show cause why a mandamus should not issue directed to the Orphans’ court of Philadelphia County, to allow an appeal from the decree of distribution made of the estate of Jacob Gerard Koch, deceased, and upon the hearing, the case was this: M. H. Meschert, and H. Meschert, the administrators of Jacob Gerard Koch, filed their accounts, and upon their regular confirmation there appeared to be a balance in their hands in money and stock for…
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This case arose upon a rule to show cause why a mandamus should not issue directed to the Orphans’ court of Philadelphia County, to allow an appeal from the decree of distribution made of the estate of Jacob Gerard Koch, deceased, and upon the hearing, the case was this: M. H. Meschert, and H. Meschert, the administrators of Jacob Gerard Koch, filed their accounts, and upon their regular confirmation there appeared to be a balance in their hands in money and stock for distribution, of one million forty thousand seven hundred and seven dollars and fifty-two cents. This balance was claimed by…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
The right of the administrator to appeal is resisted, because he is not, in the language of the act, “ a party aggrieved,” the decree of distribution being adequate to his protection from the consequences of a mispayment in rendering obedience to it. He is undoubtedly not aggrieved by it in his own person, and the argument *272is certainly an imposing one ; but in giving the first impression to the construction of this law, we must look beyond its letter and interpret it liberally, in furtherance of convenience and justice.
The administrator is…
2Cited by8 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- Jones v. CostlowSupreme Court of Pennsylvania · 1946
- Clarendon V. F. W. Home Ass'n Liquor License CaseSuperior Court of Pennsylvania · 1950
- Wick's EstateSuperior Court of Pennsylvania · 1912
- Commonwealth v. Wistar, Pennsylvania Court of Common Pleas, Philadelphia County1891
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