Legal Opinion

Dutton's Estate

Supreme Court of Pennsylvania

Decided March 7, 1904No. Appeal, No. 259PublishedCited by 7 opinions

Appeal, No. 259, Jan. T., 1908, by-Thomas E. Dutton et al., from decree of O. C. Delaware Co., sustaining exceptions to auditor’s reports in estate of Nathan C. Dutton, deceased. Petition for specific performance of a contract to sell real estate. The facts are stated in the opinion of the Supreme Court. Errors assigned were in sustaining exceptions to report of auditor, W. Roger Fronefield, Esq., and decreeing specific performance.

1Opinion of the Court

Opinion by

Mr. Justice Mestbezat,

Nathan C. Dutton died April 20,1889, testate, seized of certain real estate situated on Paschall. avenue, east of 70th street, in the city of Philadelphia. By his will dated April 9, 1889, he devised the residue of all his property, which included the Paschall avenue real estate, to his three children, Thomas E. Dutton, Mary E. Leach and George S. Dutton, in equal shares. Thomas E. Dutton was named as executor and letters testamentary were duly granted to him. On June 4,1894, Lewis G. Dutton, a son of the testator, presented his petition to the orphans’ court…

2Cases cited4 opinions

  1. Brolaskey v. McClainSupreme Court of Pennsylvania · 1870
  2. Brown v. BaileySupreme Court of Pennsylvania · 1893
  3. Winpenny v. WinpennySupreme Court of Pennsylvania · 1880
  4. Lewis v. BakerSupreme Court of Pennsylvania · 1892

3Cited by7 opinions

  1. Calhoun v. HaysSuperior Court of Pennsylvania · 1944
  2. Miller v. Belvy Oil Co.Court of Appeals for the Eighth Circuit · 1917
  3. Manzer v. WycoffSuperior Court of Pennsylvania · 1922
  4. Gould v. RandalSupreme Court of Pennsylvania · 1911
  5. Muccioli v. Kaminski, Pennsylvania Court of Common Pleas, Cambria County1951

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