Innes's Estate
Supreme Court of Pennsylvania
APPEAL. This was an appeal from a decree of the Court of Common Plea for the City and County of Philadelphia, in the matter of the estate of Joseph Innes; the proceedings in relation to which were as follows:— On the 28th of November, 1835, the petition of Margaret Murphy was presented to the said Court, setting forth that her uncle, Joseph Innes, by a codicil to his last will and testament, dated the 4th of March, 1834, and duly proved on the 1st of April in the same year,…
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APPEAL. This was an appeal from a decree of the Court of Common Plea for the City and County of Philadelphia, in the matter of the estate of Joseph Innes; the proceedings in relation to which were as follows:— On the 28th of November, 1835, the petition of Margaret Murphy was presented to the said Court, setting forth that her uncle, Joseph Innes, by a codicil to his last will and testament, dated the 4th of March, 1834, and duly proved on the 1st of April in the same year, made the following bequest, viz., “ I bequeath to Margaret Murphy, my niece, the sum of $500, to be paid to her by my…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J. —
The principal question in this appeal is, whether the Court of Common Pleas had jurisdiction, so far as to authorise them to dismiss the executor from his trust, and appoint another person trustee in his place ; and it is a question which is involved in considerable perplexity, by the frequent changes which have taken place in our legislation, within a few years, in respect to the exercise of the equitable jurisdiction of the different Courts over trusts and trustees. A careful examination of these different acts is necessary to ascertain…
2Cited by8 opinions
- Ebert & Barnitz's AppealSupreme Court of Pennsylvania · 1840
- McKallip's EstateSupreme Court of Pennsylvania · 1927
- Wapples's AppealSupreme Court of Pennsylvania · 1873
- Brown's AppealSupreme Court of Pennsylvania · 1849
- Case of BairdSupreme Court of Pennsylvania · 1841
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