Rector of Trinity Church v. Watson & Patterson ex rel. Patterson
Supreme Court of Pennsylvania
Error to the Common Pleas of Lawrence county. This was a scire facias by Watson and Patterson for use of William Patterson v. William Book, Administrator de bonis non cum testamento annexo of Arza Andrews, deceased, Alonzo Potter, Bishop of Protestant Episcopal Church of Pennsylvania, and The Rector, Churchwardens and Vestrymen of Trinity Church, requiring them to show cause why thetplaintiffs should not have .execution of judgment at No. 48 December Term 1867, against the…
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Error to the Common Pleas of Lawrence county. This was a scire facias by Watson and Patterson for use of William Patterson v. William Book, Administrator de bonis non cum testamento annexo of Arza Andrews, deceased, Alonzo Potter, Bishop of Protestant Episcopal Church of Pennsylvania, and The Rector, Churchwardens and Vestrymen of Trinity Church, requiring them to show cause why thetplaintiffs should not have .execution of judgment at No. 48 December Term 1867, against the land of which Azra Andrews died seised. The rector, churchwardens, and vestry appeared and entered the plea of payment,…
1Opinion of the Court
The opinion of the court was delivered by
Agnew, J.
This case has arisen since the passage of the Act of 24th February 1834. The devise of the lot to Bishop Potter was subject to a general direction for the payment of the testator’s debts, referring to nothing to identify the claims of the creditors. The power to sell was given to no one by name or description, vesting in the executor only by operation of law to be exercised under the direction of the Orphans’ Court. Ho suit was brought for the debt until more than five years had expired .after the death of the testator.
The proposition…
2Cases cited9 opinions
- Kerper v. HochSupreme Court of Pennsylvania · 1832
- Alexander v. M'MurrySupreme Court of Pennsylvania · 1839
- Payne v. CraftSupreme Court of Pennsylvania · 1844
- Pry's AppealSupreme Court of Pennsylvania · 1839
- Steel v. HenrySupreme Court of Pennsylvania · 1840
4 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- In re Estate of MitchellSupreme Court of Pennsylvania · 1897
- Battersby v. CastorSupreme Court of Pennsylvania · 1897
- Huntington v. Minard, Pennsylvania Court of Common Pleas, Cameron County1933
- White's EstatePennsylvania Orphans' Court, Cumberland County · 1945