Robinson's Appeal
Supreme Court of Pennsylvania
May 12th and 13th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Appeal from the decree of the Orphans’ Court of Cumberland county: No. 102,4o May Term 1869. The appeal was by Lewis Robinson and Ellen his wife, late Ellen Glancey, in the estate of William Glancey, deceased.
Read the full summary
May 12th and 13th 1869. Before Thompson, C. J., Read, Agnew, Sharswood and Williams, JJ. Appeal from the decree of the Orphans’ Court of Cumberland county: No. 102,4o May Term 1869. The appeal was by Lewis Robinson and Ellen his wife, late Ellen Glancey, in the estate of William Glancey, deceased. On the 21st of August 1866, Adam Peffer, and Elizabeth his wife in her right, petitioned the Orphans’ Court, setting forth the death of the decedent intestate, leaving four children, viz : Mrs. Peffer, Esther and Margaret Glancey, and Ellen, now intermarried with Lewis Robinson, that the intestate…
1Opinion of the Court
The opinion of the court was delivered,
by Agnew, J.
A decree of sale by the Orphans’ Court is definitive, and it is for this cause an appeal may be taken from it before the execution of the order to sell: Hess’s Appeal, 1 Watts 255. The reason is, that the decree condemns the property to conversion, and the owner’s title to divestiture. The order to the administrator, which follows, is but the process that executes the decree. It is the decree, therefore, which injures the owner. It is manifest when the decree is affirmed by the Supreme Court on an appeal, it returns to the Orphans’ Court for…
2Cases cited1 opinion
- Hess's AppealSupreme Court of Pennsylvania · 1832
3Cited by3 opinions
- In re the Dissolution of the Titusville Oil ExchangeSuperior Court of Pennsylvania · 1899
- Estate of ReberSupreme Court of Pennsylvania · 1891
- Naye v. Philadelphia Rapid Transit Co.Superior Court of Pennsylvania · 1919