Legal Opinion

Appeal of Hopkins

Supreme Court of Pennsylvania

Decided May 30, 1887No. 398PublishedCited by 6 opinions

Appeal from the Orphans’ Court of Lancaster County dismissing exceptions to the report of an auditor distributing the estate of a decedent and disallowing the claim of the appellant as a preferred claim.

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Appeal from the Orphans’ Court of Lancaster County dismissing exceptions to the report of an auditor distributing the estate of a decedent and disallowing the claim of the appellant as a preferred claim. The auditor reported as follows, upon the contention of this appeal: W. W. Hopkins, trustee under the will of Dorothea Brien, deceased, presented a preferred claim of $13,267.50, with interest from February 6, 1886. Dorothea Brien died testate on August 21, 1862. August 28, 1862, her last will and codicil thereto were duly proved before the register of Lancaster county, and letters…

1Opinion of the Court

Pee Cueiam::

This decree is clearly right. The attempt to compel the payment of the claim of the appellant in full, to the prejudice of the other creditors, is unwarranted under the evidence. There is an entire failure to trace the money of the testatrix into any specific property left by Mr. Henderson.

Decree affirmed and appeal dismissed, at the costs of the appellant.

2Cited by6 opinions

  1. Nonotuck Silk Co. v. FlandersWisconsin Supreme Court · 1894
  2. Evangelical Synod of North America v. SohoeneichSupreme Court of Missouri · 1898
  3. Groff v. City Savings Fund & Trust Co.Superior Court of Pennsylvania · 1911
  4. Northern Dakota Elevator Co. v. ClarkNorth Dakota Supreme Court · 1892
  5. Pearson v. HaydelMissouri Court of Appeals · 1901

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