Legal Opinion

Cornpropst's Appeal

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 6 opinions

Appear from the Register’s Court of Huntingdon county. This was an appeal by Henry Cornpropst from the decree of the Register’s Court, affirming the decision of the Register, who had granted letters of administration upon the estate of Christopher Lawless, deceased, to J. Sewell Stewart.

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Appear from the Register’s Court of Huntingdon county. This was an appeal by Henry Cornpropst from the decree of the Register’s Court, affirming the decision of the Register, who had granted letters of administration upon the estate of Christopher Lawless, deceased, to J. Sewell Stewart. Christopher Lawless died at Huntingdon, in January 1859, without relatives within the county, and letters of administration upon his estate were granted by the register of wills to J. Sewell Stewart, neither a relative nor a creditor, who gave bond in $2500. The appellant, Henry Cornpropst, who was a creditor…

1Opinion of the Court

The opinion of the court was delivered by

Strong, J.

It is not controverted that Mr. Stewart, to whom the register granted letters of administration, is a fit man for the trust, or that he has given the required security. But the Register’s Court was asked to revoke the letters, and grant others to Henry Cornpropst, on the ground that Stewart is neither of kin to the intestate, nor a creditor. Undoubtedly, where, as in this case, there are no relatives to whom administration can be granted, creditors are to be preferred to strangers. The Act of Assembly gives to certain classes priority of…

2Cases cited1 opinion

  1. Ellmaker's EstateSupreme Court of Pennsylvania · 1835

3Cited by6 opinions

  1. Friese's EstateSupreme Court of Pennsylvania · 1934
  2. Warner's EstateSupreme Court of Pennsylvania · 1904
  3. Boytor's EstateSuperior Court of Pennsylvania · 1938
  4. Estate of FailorSuperior Court of Pennsylvania · 1899
  5. In re the Estate of MesslerWarren County Surrogate's Court · 1938

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