Ashford v. Ewing
Supreme Court of Pennsylvania
Error, to the. .Common Pleas of Beaver county. This was an action of assumpsit to recover a distributive share. Samuel Ewing died in 1827, having made a will and appointed executors. The plaintiff, his daughter, was born after his death. In 1834 the executors filed an account showing a balance against them of $468.94, which account was confirmed by the Court, but no decree of distribution made. The principal question was, whether the action could be maintained.
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Error, to the. .Common Pleas of Beaver county. This was an action of assumpsit to recover a distributive share. Samuel Ewing died in 1827, having made a will and appointed executors. The plaintiff, his daughter, was born after his death. In 1834 the executors filed an account showing a balance against them of $468.94, which account was confirmed by the Court, but no decree of distribution made. The principal question was, whether the action could be maintained. The Court below (Agnew, P. J.) was of opinion that the remedy was exclusively in the Orphans’ Court, and directed a verdict for the…
1Opinion of the Court
The opinion of the Court was delivered by
Lewis, C. J.
This is an action brought by a child who was born about si? months after the death of Samuel Ewing, to recover a distributive share of the estate of the decedent. The administrators had settled an account which was confirmed on the 3d of June, 1834, exhibiting a balance of $468.94 in favour of the estate. There was no decree of distribution in the. Orphans’ Court. The Court of Common Pleas decided that since the Acts of 1832, ’33, ’34, and ’36, taken collectively, exclusive jurisdiction to enforce distribution belongs to the Orphans’ Court,…
2Cases cited2 opinions
- Downer v. DownerSupreme Court of Pennsylvania · 1839
- Seider v. SeiderSupreme Court of Pennsylvania · 1840
3Cited by5 opinions
- Monnia's EstateSupreme Court of Pennsylvania · 1921
- Hickman's EstateSuperior Court of Pennsylvania · 1909
- Dewald v. BerkheiserSuperior Court of Pennsylvania · 1902
- Gotwald v. SmallSupreme Court of Pennsylvania · 1913
- Follweiler v. Pantazis, Pennsylvania Court of Common Pleas, Northampton County1951