Legal Opinion

Myers' Appeal

Supreme Court of Pennsylvania

Decided July 6, 1869PublishedCited by 11 opinions

May 7tb 1869. Before Thompson, 0. J., Agnew, Sharswood and Williams, JJ. Read, J., absent. Appeal from the Orphans’ Court of Adams county: No. 98, to May Term 1869. The appeal in this case was by George Myers and John Myers, executors, &c., of Jacob Myers, deceased, from the decree of the Orphans’ Court, reforming their administration account on a bill of review.

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May 7tb 1869. Before Thompson, 0. J., Agnew, Sharswood and Williams, JJ. Read, J., absent. Appeal from the Orphans’ Court of Adams county: No. 98, to May Term 1869. The appeal in this case was by George Myers and John Myers, executors, &c., of Jacob Myers, deceased, from the decree of the Orphans’ Court, reforming their administration account on a bill of review. The testator died in August 1865, leaving a widow and six children, and the children of a deceased daughter, who had been married to William Kohler. He left a will.dated May 26th 1862, by which, amongst other things, he directed as…

1Opinion of the Court

The opinion of the court was delivered,

by Sharswood, J.

The terms of the 12th section of the Act of *107February 24th 1834, Pamph. L. 75, are very comprehensive. It provides that “all powers, authorities and directions relating to real estate, contained in any last will, and not given to any person by name or description, shall be deemed to have been given to the executors thereof; but no such power, authority or direction shall be exercised or carried into .effect by them, except under the control and direction of the Orphans’ Court having jurisdiction of their accounts.” It was evidently…

2Cases cited1 opinion

  1. Boshart v. EvansSupreme Court of Pennsylvania · 1840

3Cited by11 opinions

  1. Richardson v. Blue Grass Mining Co.District Court, E.D. Kentucky · 1939
  2. Booth v. BradfordSupreme Court of Iowa · 1901
  3. Wanamaker's Trust EstateSupreme Court of Pennsylvania · 1940
  4. Turner v. RyanSupreme Court of Iowa · 1937
  5. Patrick's EstateSupreme Court of Pennsylvania · 1894

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