Legal Opinion

In re the Estate of Eckstein

Pennsylvania Court of Common Pleas, Philadelphia County

Decided November 12, 1842PublishedCited by 1 opinion

This was an application by William Conrad, the committee of one Samuel Eckstein, a lunatic, praying for an injunction against Ann Hertzog, administratrix of Peter Hertzog, deceased, commanding to stay her proceedings upon an execution which had been issued against said lunatic, after he had been declared such, although the judgment was obtained prior to the finding of such inquisition.

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This was an application by William Conrad, the committee of one Samuel Eckstein, a lunatic, praying for an injunction against Ann Hertzog, administratrix of Peter Hertzog, deceased, commanding to stay her proceedings upon an execution which had been issued against said lunatic, after he had been declared such, although the judgment was obtained prior to the finding of such inquisition. All the facts necessary for a clear understanding of the questions decided being sufficiently stated in the opinion of the Court, it is deemed unnecessary to repeat them.

1Opinion of the Court

KING, President. —

William Conrad filed on the 29th of October his petition, in which he sets forth that Samuel Eckstein, by due process issued out of this Court, was, on the 7th of March last past, declared a lunatic, and to have been one since the 20th day of January, 1842, and that the petitioner was duly appointed a committee of his estate. That on the 12th day of January, 1842, judgment was entered in favour of Peter Hertzog, against the said Samuel, in the District Court for the city and county of Philadelphia, in the penal sum of twenty thousand dollars, on a bond (by virtue of a…

2Cases cited3 opinions

  1. Rogers v. MurrayNew York Court of Chancery · 1831
  2. In re HopperNew York Court of Chancery · 1835
  3. In re HellerNew York Court of Chancery · 1831

3Cited by1 opinion

  1. Bennett v. Franklin, Pennsylvania Court of Common Pleas, Wyoming County1923

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