Legal Opinion

Neff's Appeal

Supreme Court of Pennsylvania

Decided January 23, 1868PublishedCited by 26 opinions

Appeal from the decree of the Orphans’ Court of Philadelphia, surcharging the account of John R. Neff (deceased), executor, &e., of Charles Bird, deceased, with $1935.05, a balance due from Edwin M. Sellers to Charles Bird, which had not been collected by Mr. Neff, the executor. Mr. Neff died in 1868, and his fifth account as executor of Mr. Bird, was filed by his executors.

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Appeal from the decree of the Orphans’ Court of Philadelphia, surcharging the account of John R. Neff (deceased), executor, &e., of Charles Bird, deceased, with $1935.05, a balance due from Edwin M. Sellers to Charles Bird, which had not been collected by Mr. Neff, the executor. Mr. Neff died in 1868, and his fifth account as executor of Mr. Bird, was filed by his executors. The facts in the case are taken from the findings of William L. Dennis, Esq., the auditor, which were approved by the Supreme Court as being sustained by the testimony in the case. Edwin M. Sellers was the son-in-law of…

1Opinion of the Court

The opinion of the court was delivered, by

Sharswood, J.

Charles Bird died in 1849. Among his assets were two notes both dated April 2d 1849, drawn by Edwin M. Sellers in his favor, one at six and the other at eight months, each for $3000 with interest from date. These notes were given by Sellers for money advanced by Bird on his marriage with the daughter of the latter. Sellers was, at the time of Bird’s death, in business and continued until April 1853, when he became insolvent. He afterwards secured a clerkship which did not yield him enough to support his family. The firm in which he was so…

2Cases cited6 opinions

  1. Osgood v. FranklinNew York Court of Chancery · 1816
  2. Calhoun's EstateSupreme Court of Pennsylvania · 1837
  3. Johnston's EstateSupreme Court of Pennsylvania · 1845
  4. Crist v. BrindleSupreme Court of Pennsylvania · 1828
  5. Long's EstateSupreme Court of Pennsylvania · 1837

1 more not listed; retrieve them via the Exa API.

3Cited by26 opinions

  1. MacKenzie v. Union Guardian Trust Co.Michigan Supreme Court · 1933
  2. Taylor's EstateSupreme Court of Pennsylvania · 1923
  3. Detre's EstateSupreme Court of Pennsylvania · 1922
  4. Kline's EstateSupreme Court of Pennsylvania · 1924
  5. Wood's EstateSupreme Court of Pennsylvania · 1922

21 more not listed; retrieve them via the Exa API.

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