Appeal of Winton
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county : Of January Term, 1885, No. 18. Appeal of W. W. Winton, J. M. Chittenden and S. N. Chittenden, surviving members of the firm of Winton, Cone & Co., from a decree of said court dismissing the exceptions to and confirming absolutely the adjudication of the auditing judge, making distribution of the fund in the bands of the executors of the last will and testament of John Gibson, deceased, as shown by their third account…
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Appeal from the Orphans’ Court of Philadelphia county : Of January Term, 1885, No. 18. Appeal of W. W. Winton, J. M. Chittenden and S. N. Chittenden, surviving members of the firm of Winton, Cone & Co., from a decree of said court dismissing the exceptions to and confirming absolutely the adjudication of the auditing judge, making distribution of the fund in the bands of the executors of the last will and testament of John Gibson, deceased, as shown by their third account filed April 21st, 1881. ■In making the adjudication, Penrose, J., filed an opinion containing, inter alia, the following:…
1Opinion of the CourtJustice Sterrett
The subject of complaint in the last specification of error is the refusal of the court below to allow-appellants’ claim for 1150,000 damages and interest thereon. This substantially involves other questions intended to be raised by the preceding specifications ; but, inasmuch as the claim was rejected mainly on the ground that it is not within the limited jurisdiction of the Orphans’ Court, it becomes unnecessary to consider any of the subordinate questions, unless the court erred in deciding the paramount questions of jurisdiction against apjDellants. That question has been so fully…
2Cited by4 opinions
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