Cascaden v. Cascaden
Supreme Court of Pennsylvania
APPEAL BY PLAINTIFFS FROM THE ORPHANS’ COURT OF MONTGOMERY COUNTY. No. 71 July Term 1890, Sup. Ct.; court below, number and term not given.
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APPEAL BY PLAINTIFFS FROM THE ORPHANS’ COURT OF MONTGOMERY COUNTY. No. 71 July Term 1890, Sup. Ct.; court below, number and term not given. On December 16, 1889, Mary J. Cascaden, Mary E. C. Al-burger and others, widow and legatees of James Cascaden, deceased, filed a bill in equity against Robert Cascaden, executor of the will of James Cascaden, deceased, Frederick A. Sobernheimer, Louis Hutt and Percival Roberts, averring in substance as follows: That James Cascaden died on or about Octooer 15, 1868, leaving a will dated October 14,1868, duly admitted to probate ; that by the said will it…
1Per curiam
The learned court below dismissed the appellants’ bill upon the ground that the jurisdiction was exclusively in the Orphans’ Court. While we do not wish to be understood as expressing any dissent from the views of the learned judge upon this question, we do not think it necessary to discuss it, for the reason that the plaintiffs, upon their own showing, have no equity. The allegation of the bill is that the defendant Robert Cascaden, as executor of the estate of James Cascaden, deceased, sold a portion of the real estate of his testator at private sale for an inadequate price; that said sale…
2Cited by5 opinions
- In Re Estate of DobsonSupreme Court of Pennsylvania · 1980
- Levy's EstateSupreme Court of Pennsylvania · 1937
- Mauser v. Lerch, Pennsylvania Court of Common Pleas, Lehigh County1925
- Nirdlinger's EstatePennsylvania Orphans' Court, Philadelphia County · 1937
- Reichert's EstatePennsylvania Orphans' Court, Philadelphia County · 1944