Estate of Miller
Pennsylvania Orphans' Court, Philadelphia County
No. 112 January Term 1890, Sup. Ct.; court below, No. 518 October Term 1885, O. C. On January 11,1886, the account of Grace M. Coffman, surviving executrix of the will of Charles B. Miller, deceased, was called for audit when George A. Miller presented a claim for 116,000.61, alleged to be due to the claimant as the surviving partner of the decedent, on a statement of partnership accounts between them.
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No. 112 January Term 1890, Sup. Ct.; court below, No. 518 October Term 1885, O. C. On January 11,1886, the account of Grace M. Coffman, surviving executrix of the will of Charles B. Miller, deceased, was called for audit when George A. Miller presented a claim for 116,000.61, alleged to be due to the claimant as the surviving partner of the decedent, on a statement of partnership accounts between them. Because of the pendency of a bill in equity relating to the alleged partnership,* the auditing judge postponed further hearings until May 12, 1887. On that day, and other days afterward,…
1Opinion of the Court
Opinion,
Mr. Justice Mitchell :
Notwithstanding the complicated history of the case, anh the varied phases of the litigation by the appellant in pursuit of a remedy, this record presents but a single question, and that is one of jurisdiction. The auditing judge, though apparently against his own opinion on the law, reviewed the evidence, and held that there was no partnership • established. But the court in banc refused to consider the merits at all, and decided the case solely on the question of jurisdiction. It is the decree of the court only that we have before us, and we must look at it,…
2Cases cited2 opinions
- Brown's AppealSupreme Court of Pennsylvania · 1879
- Wiley's Executors' AppealSupreme Court of Pennsylvania · 1877
3Cited by16 opinions
- Weigley v. Coffman, Pennsylvania Court of Common Pleas, Philadelphia County1891
- In re the Estate of AlfstadWashington Supreme Court · 1902
- Ellis v. EllisSupreme Court of Pennsylvania · 1964
- Duff v. McDonoughSuperior Court of Pennsylvania · 1896
- Estate of Rachel NusbaumSuperior Court of Pennsylvania · 1930
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