McCormick's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Northumberland’county, in the matter of the^ estate of Martin Billmyer, deceased: To October Term 1867. Martin Billmyer died in April 1862: administration on his estate was granted to John Porter, Esq. On the 17th of June 1865 he filed his account, which was confirmed nisi, August 8th following.
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Appeal from the Orphans’ Court of Northumberland’county, in the matter of the^ estate of Martin Billmyer, deceased: To October Term 1867. Martin Billmyer died in April 1862: administration on his estate was granted to John Porter, Esq. On the 17th of June 1865 he filed his account, which was confirmed nisi, August 8th following. The administrator charged himself with personal estate and proceeds of sale of some real estate; “ also with proceeds of saw-mill property, $9200and claimed credit amongst other things, for “Cash paid P. Billmyer, $4000;” “Cash paid D. Esbach, $8000.” Exceptions were…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
The principal part of the fund for distribution arose from the sale, made by direction of the Orphans’ Court, of the real estate of Martin Billmyer, deceased. Under that sale nothing but the interests of which Billmyer died seised could possibly pass. The Orphans’ Court had no power to order the administrator to sell anything which was not assets for the payment of the decedent’s debts. The Act of February 24th 1834, confers no jurisdiction over any other lands, or estates in land, than such as belong to a decedent at his death. Hence, under…
2Cases cited2 opinions
- Hale v. HenrieSupreme Court of Pennsylvania · 1834
- Haslet v. HasletSupreme Court of Pennsylvania · 1837
3Cited by7 opinions
- Butts v. CooperSupreme Court of Alabama · 1907
- Yarnall EstateSupreme Court of Pennsylvania · 1954
- Minter v. MinterOregon Supreme Court · 1916
- Lincoln v. AfricaSupreme Court of Pennsylvania · 1910
- Stockdale v. SellersSuperior Court of Pennsylvania · 1931
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