Brinker v. Brinker
Supreme Court of Pennsylvania
Appeal from Westmoreland county. ' Oct. 15. This was a bill filed by Brinker, setting forth that he resided with his father upon a tract of land, and was about removing, when his father agreed that if he would remain, he would give him the land on certain conditions, viz.: the son should build a house, and farm the land, supply his parents with whatever they wanted, and pay certain sums to his sisters within ten years after the father’s death.
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Appeal from Westmoreland county. ' Oct. 15. This was a bill filed by Brinker, setting forth that he resided with his father upon a tract of land, and was about removing, when his father agreed that if he would remain, he would give him the land on certain conditions, viz.: the son should build a house, and farm the land, supply his parents with whatever they wanted, and pay certain sums to his sisters within ten years after the father’s death. That he assented to the terms, and the father made a will accordingly. That complainant continued on the land, Iris parents residing there also, and…
1Opinion of the CourtGibson, C. J.
In the course of the argument, the petition before us has been treated as a bill of discovery; but as the Common Pleas has no power to entertain such a bill, it is mani*55festly a petition in the Orphans’ Court, not for a discovery, hut for an answer on oath. It has the general features of a bill; and the object for putting it into that shape was probably to compel the respondents to answer on oath touching the suppression of their father’s will. But although the Orphans’ Court has been called a court of equity, in respect to the few subjects within its jurisdiction, the ancillary powers of such…
2Cited by23 opinions
- Power v. GroganSupreme Court of Pennsylvania · 1911
- Shroyer v. SmithSupreme Court of Pennsylvania · 1903
- Byrne's EstateSuperior Court of Pennsylvania · 1936
- Cutter's EstateSupreme Court of Pennsylvania · 1926
- Smith v. TuitSupreme Court of Pennsylvania · 1889
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