Legal Opinion

Williams's Appeal

Supreme Court of Pennsylvania

Decided December 30, 1882Published

Appeal from the Court of Common Pleas of Butler county: Of January Term 1882, No. 257. This was an appeal by Williams Bros. et al. from a decree of said court, dismissing exceptions to, and confirming the report of an auditor distributing a fund in court, the proceeds of a sale of real and personal estate made by Henry Pillow, assignee for the benefit of creditors of Dorothea Frederick.

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Appeal from the Court of Common Pleas of Butler county: Of January Term 1882, No. 257. This was an appeal by Williams Bros. et al. from a decree of said court, dismissing exceptions to, and confirming the report of an auditor distributing a fund in court, the proceeds of a sale of real and personal estate made by Henry Pillow, assignee for the benefit of creditors of Dorothea Frederick. The facts were as follows : — On July 11th 1878, Dorothea Frederick, a widow, who, for about three years, since the death of her husband Henry Frederick, had been engaged in carrying on, with the aid of her…

1Opinion of the CourtJustice Paxson

The fund for distribution was paid into court by Henry Pillow, assignee for creditors of Dorothea Frederick, and was raised by a sale of her property. The learned court below erred in assuming that the fund belonged to the estate of Henry Frederick, the deceased husband of the assignor, and awarding it to his creditors. The result led to the anomaly of distributing a deceased man’s estate in the Common Pleas. If, as was assumed, any portion of the fund belongs to the estate of Henry Frederick, deceased, it can only be distributed through proper *480proceedings in the Orphans’ Court. All of his…

2Cases cited2 opinions

  1. Knowles v. LordSupreme Court of Pennsylvania · 1839
  2. Okie's AppealSupreme Court of Pennsylvania · 1844

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