Estate of Shoenberger
Supreme Court of Pennsylvania
APPEAL BY THE PENNA. CO. EOR INS., ETC., ET AL. EBOM THE ORPHANS’ COHBT OE ALLEGHENY COUNTY. No. 114 October Term 1890, Sup.
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APPEAL BY THE PENNA. CO. EOR INS., ETC., ET AL. EBOM THE ORPHANS’ COHBT OE ALLEGHENY COUNTY. No. 114 October Term 1890, Sup. Ct.; court below, No. 131 April Term 1890, O. C. On April 24, 1890, upon the petition of the Pennsylvania Company for Insurance, etc., A. J. Antelo, Andrew Long and John M. Brownson, executors of the will of John H. Shoenber-ger, deceased, a citation was awarded directed to Samuel P. Conner, register of wills of Allegheny county, to show cause why an appeal from his order, made on April 15, 1890, that letters testamentary be granted by said register to the executors…
1Opinion of the Court
OPINION,
Mb. Chief Justice Paxson :
We quite agree with the learned judge of the Orphans’ Court that the decree of the register of wills, granting letters testamentary, is absolutely void, if it appears on the face of the proceedings that he had no jurisdiction, and that it may be impeached in any collateral proceeding. We do not differ upon the law, only upon its application. The mistake into which the learned judge below inadvertently fell was in assuming that the register of wills for the county of Philadelphia had no jurisdiction.
The testator, John H. Shoenberger, was a resident of the city…
2Cases cited2 opinions
- Frick's AppealSupreme Court of Pennsylvania · 1886
- Appeal of Stark, Pennsylvania Court of Common Pleas, Lancaster County1889
3Cited by8 opinions
- Sebik's EstateSupreme Court of Pennsylvania · 1930
- Hickman's EstateSupreme Court of Pennsylvania · 1932
- Zeigler v. StoreySupreme Court of Pennsylvania · 1908
- Smith's EstateSupreme Court of Pennsylvania · 1932
- Greenawalt's EstateSuperior Court of Pennsylvania · 1901
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