Jacoby's Estate
Supreme Court of Pennsylvania
Appeal, No. 145, Oct. T., 1901, by Safe Deposit and Trust Company, from decree of O. C. Allegheny Co., Oct. T., 1901, No. 60, on petition for an order on a trustee in the Estate of George T. Jacoby. Petition for an order on a trustee to pay over money.
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Appeal, No. 145, Oct. T., 1901, by Safe Deposit and Trust Company, from decree of O. C. Allegheny Co., Oct. T., 1901, No. 60, on petition for an order on a trustee in the Estate of George T. Jacoby. Petition for an order on a trustee to pay over money. From the record it appeared that Mary Downs had filed an exception to the account of the executors of George T. Jacoby in order to raise the question whether income was payable from the date of the death of testator, or from date of decree of distribution transferring the estate to a trustee. At the suggestion of the court the exception was…
1Opinion of the Court
Opinion by
Mb. Justice Mitchell,
This case presents the same erroneous practice as Morton’s *443Estate, ante, p. 269, and the decree must be reversed for the reasons there given.
It appears however that in this case the executors had filed an account, and an exception to it by Mrs. Downs raised the precise question now involved in this appeal, but on suggestion by the court the exception was withdrawn and a petition presented by Mrs. Downs for an order on the trustee to pay certain income to her. On this petition the decree now appealed from was made. The proper practice would have been to decide…
2Cited by4 opinions
- Kimberly's EstateSupreme Court of Pennsylvania · 1915
- Duff's EstatePennsylvania Orphans' Court, Philadelphia County · 1924
- Ellis Estate, Pennsylvania Court of Common Pleas, Philadelphia County1970
- Moore's EstatePennsylvania Orphans' Court, Erie County · 1932