Kitchen's Estate
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county. These wore appeals by Maria M. Woodward, late Maria M. Kitchen, in her own right and as guardian of the minor children of-Andrew B. Kitchen, deceased, and by Andrew C. Craig, from a decree of the Orphans’ Court, confirming the report of the auditor appointed to audit, settle, and adjust the account of said Andrew 0. Craig, acting trustee under the will of said Andrew B. Kitchen.
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Appeal from the Orphans’ Court of Philadelphia county. These wore appeals by Maria M. Woodward, late Maria M. Kitchen, in her own right and as guardian of the minor children of-Andrew B. Kitchen, deceased, and by Andrew C. Craig, from a decree of the Orphans’ Court, confirming the report of the auditor appointed to audit, settle, and adjust the account of said Andrew 0. Craig, acting trustee under the will of said Andrew B. Kitchen. The case was this:— Andrew B. Kitchen, by his will dated September 1st 1848, after giving an annuity to his aunt Sarah Boyd, and certain specific articles to his…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
— If the purchase by the appellant, under sanction of the Orphans’ Court, of the Arch street property, subject to the payment of the mortgage thereon, imposed upon her ward the obligation to pay that mortgage, it would furnish no reason for retaining from the appellee any portion of his deceased wife’s personal estate. Then it would be his duty, as her administrator, to pay the debt, and the trustee would have nothing to do with its payment. But if by the purchase Mrs. Woodward became personally responsible to the holder of the mortgage,…
2Cases cited3 opinions
- Campbell v. ShrumSupreme Court of Pennsylvania · 1834
- M'Curdy's AppealSupreme Court of Pennsylvania · 1843
- Trevor v. PerkinsSupreme Court of Pennsylvania · 1840
3Cited by9 opinions
- May's EstateSupreme Court of Pennsylvania · 1907
- Dobkin v. LandsbergSupreme Court of Pennsylvania · 1922
- Estate of Harriet B. LaverelleSuperior Court of Pennsylvania · 1930
- Merkel's EstateSupreme Court of Pennsylvania · 1893
- Dingee EstateSuperior Court of Pennsylvania · 1943
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