Steffy & Skimp's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lancaster county : Of May Term 1874, No. 88. The proceeding in this case was upon the application of Samuel B. Sheaffer and others, executors, &c., of Levi Sheaffer, deceased, for authority to mortgage the real estate of the decedent for the payment of his debts.
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Appeal from the Orphans’ Court of Lancaster county : Of May Term 1874, No. 88. The proceeding in this case was upon the application of Samuel B. Sheaffer and others, executors, &c., of Levi Sheaffer, deceased, for authority to mortgage the real estate of the decedent for the payment of his debts. Levi Sheaffer made his will dated October 15th 1872, and by it, after having made provision for his wife, amongst other things, devised to his son Solomon a tract of 83 acres of land, charging it to him at $160 per acre, of which he gave to Solomon $4000 as his share of the estate, and directed…
1Opinion of the CourtChief Justice Agnew
We cannot commend the manner in which this proceeding was conducted in the court below. These appellants appeared in court by attorney and objected to the granting of the order of mortgage, but filed no answer to the petition to bring the grounds of their objection upon the record. The petition sets forth a primé facie ground for the order. Hence Ave ought not to reverse the order. The Orphans’ Court is a court of equity, within the limited sphere of its operations, and the proceedings should have the substance of equitable form, though not its technical nicety. The proper mode of proceeding…
2Cited by4 opinions
- Burr EstateSupreme Court of Pennsylvania · 1955
- Estate of WorthingtonSuperior Court of Pennsylvania · 1898
- Burr EstateSupreme Court of Pennsylvania · 1955
- Morrison's EstatePennsylvania Orphans' Court, Perry County · 1928