Robinson v. Zollinger
Supreme Court of Pennsylvania
ERROR to the common pleas of Jldams county. Isaac Robinson and Moses M’Clean against George Zollinger, Issue directed by the orphans’ court, to try whether the plaintiff, Isaac Robinson, is' duly and legally the guardian of Louisa H. Myers. ' 1 Henry Myers, by h:s last will and testament, devised certain estate to his' daughters, Loiiisa H. Myers and Mary Ann Myers, and. appointed Mary Myers and George- Zollinger'to be their guardians and the executors of his will, by which…
Read the full summary
ERROR to the common pleas of Jldams county. Isaac Robinson and Moses M’Clean against George Zollinger, Issue directed by the orphans’ court, to try whether the plaintiff, Isaac Robinson, is' duly and legally the guardian of Louisa H. Myers. ' 1 Henry Myers, by h:s last will and testament, devised certain estate to his' daughters, Loiiisa H. Myers and Mary Ann Myers, and. appointed Mary Myers and George- Zollinger'to be their guardians and the executors of his will, by which he directed, “ that if either of the said executors die or should not appropriate the money and property to the best…
1Opinion of the Court
The opinion of the court was delivered by
Gibson, C. J.
Did the plaintiff’s appointment come before us collaterally, and were it founded on a removal of the testamentary guardian as a preliminary step, it might make a question of some perplexity. On the principle of Tarbox v. Hayes, 6 Watts 398, the judgment of a court of competent jurisdiction, may not be avoided in a collateral proceeding, though the party affected were neither summoned nor heard; which accords with Ravenscroft v. Ravenscroft, 1 Lev. 305, where in a proceeding which bears a close resemblance to the present, administration…
2Cases cited1 opinion
- Tarbox v. HaysSupreme Court of Pennsylvania · 1837
3Cited by8 opinions
- Kenna EstateSupreme Court of Pennsylvania · 1943
- Murphy v. Superior Court of Santa Clara CountyCalifornia Supreme Court · 1890
- Holmes v. FieldIllinois Supreme Court · 1851
- Cobb's v. BurnsSupreme Court of Pennsylvania · 1869
- Frasch Adoption CaseSuperior Court of Pennsylvania · 1949
3 more not listed; retrieve them via the Exa API.