Fidelity Title & Trust Co. v. Weitzel
Supreme Court of Pennsylvania
Appeal, No. 279, Oct. T., 1892, by defendant, William Weitzel, from decree of C. P. No. 2, Allegheny Co., Jan. T., 1891, No. 204, on bill in equity. Bill in equity for discovery and account.
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Appeal, No. 279, Oct. T., 1892, by defendant, William Weitzel, from decree of C. P. No. 2, Allegheny Co., Jan. T., 1891, No. 204, on bill in equity. Bill in equity for discovery and account. The bill averred that Margaret Chadwick died at the house of William Weitzel and Henrietta Weitzel, his wife, defendants, on Aug. 2,1890, and that letters of administration were granted to plaintiff on Sept. 16, 1890 ; that decedent was for a period of more than twenty years prior to her death of weak and unsound mind, incapable of transacting business or making contracts, and could not read or write;…
1Opinion of the Court
Opinion by
Mb.. Justice Mitchell,
The jurisdiction in equity as to affirmative relief in this case is, to say the least, questionable. The bill charges the receipt by defendants of certain specific sums of money, alleged to be the property of plaintiff’s decedent, followed by the general and vague averment that other sums also came to defendant’s hands, etc., and then an averment of demand for an account, and a refusal by defendant on the ground he had no property of the decedent to account for. In all this, little if anything appears but a claim by an administrator for money of his decedent,…
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