Legal Opinion

Finley's Estate

Supreme Court of Pennsylvania

Decided May 21, 1900No. Appeal, No. 430PublishedCited by 4 opinions

Appeal, No. 430, Jan. T., 1899, by Elizabeth Vandyke et al., from decree of O. C. Phila. Co., Jan. T., 1882, No. 231, sustaining demurrer to petition for review in the estate of Thomas Finley, deceased. Demurrer to petition for bill of review. The facts appear by the opinion of the Supreme Court. Errors assigned were (1, 2) in hearing and considering the demurrer; (3) in sustaining the demurrer.

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Appeal, No. 430, Jan. T., 1899, by Elizabeth Vandyke et al., from decree of O. C. Phila. Co., Jan. T., 1882, No. 231, sustaining demurrer to petition for review in the estate of Thomas Finley, deceased. Demurrer to petition for bill of review. The facts appear by the opinion of the Supreme Court. Errors assigned were (1, 2) in hearing and considering the demurrer; (3) in sustaining the demurrer. The demurrer was overruled by the answer: Bar-bey’s App., 119 Pa. 413; 1 Daniel Chan. Pr. *660; Mitford Eq. PI. *209; Story’s Eq. PL sec. 442. • The demurrer being overruled by the answer, the court…

1Opinion of the Court

Opinion by

Me. Justice Mesteezat,

The court below has rightly disposed of this case, and the reasons assigned and authorities cited in the opinion of the learned judge sustaining the demurrer clearly vindicate the correctness of his conclusions.

This was a petition for the review of the two accounts filed by the executors of Thomas Finley, deceased. The decedent died October 24, 1879. The first account was filed in March, 1882, and was adjudicated and confirmed in April, 1882. It appears from the adjudication that this account was duly *142vouched. At the audit of the account Mrs. Barron appeared by…

2Cases cited2 opinions

  1. Kuhns's AppealSupreme Court of Pennsylvania · 1878
  2. McNeel's EstateSupreme Court of Pennsylvania · 1871

3Cited by4 opinions

  1. Bailey EstateSupreme Court of Pennsylvania · 1956
  2. Bickford's EstateSuperior Court of Pennsylvania · 1901
  3. Barr's EstateSuperior Court of Pennsylvania · 1910
  4. Mershon EstatePennsylvania Orphans' Court, Philadelphia County · 1949

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