Hengst's Appeal
Supreme Court of Pennsylvania
Appeal from tbe decree of the Orphans’ Court of Yorh county, on the account of Michael Hengst, one’ of the executors of the will of John Herbach,. deceased, exhibited by the administrators of bis estate. Tbe account referred to tbe sum of 200?. given by the will of tbe testator to his executors in trust for bis daughter Margaret; the material question being tbe liability of the estate of Michael Hengst to account for tbe same.
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Appeal from tbe decree of the Orphans’ Court of Yorh county, on the account of Michael Hengst, one’ of the executors of the will of John Herbach,. deceased, exhibited by the administrators of bis estate. Tbe account referred to tbe sum of 200?. given by the will of tbe testator to his executors in trust for bis daughter Margaret; the material question being tbe liability of the estate of Michael Hengst to account for tbe same. The account was exhibited in November, 1854. John Herbach died possessed of considerable estate, leaving six children. He directed his real estate to be sold by his…
1Opinion of the Court
The opinion delivered by Lewis, C. J., was as follows:—
The demurrer to the petition was properly overruled, for the reasons stated in the opinion of the learned president of the Orphans’ Court.
There was a general replication filed, in which all the allegations contained in the answer were denied, except such as are admitted now. After which the record states that the case was “taken up on the bill and answer filed, the counsel for the petitioner alleging that upon the answer filed the respondents ought to account;” and the Court, on argument, ordered them to file an account. The account was…
2Cases cited3 opinions
- In re LybargerWashington Supreme Court · 1891
- Monell v. MonellNew York Court of Chancery · 1821
- Lang v. KeppeleSupreme Court of Pennsylvania · 1804
3Cited by2 opinions
- Graham's EstateSupreme Court of Pennsylvania · 1907
- Estate of WorthingtonSuperior Court of Pennsylvania · 1898