Legal Opinion

McHugh's Estate

Supreme Court of Pennsylvania

Decided January 23, 1893No. Appeal, No. 417PublishedCited by 2 opinions

Appeal, No. 417, Jan. T., 1892, by John F. McMenamin, executor and trustee of Patrick McHugh, deceased, and administrator of John Q. McHugh, deceased, and of Wm. C. McHugh, next of kin of John Q. McHugh, deceased, from decree of O. C. Phila. Co., Oct. T., 1891, No. 395, dismissing exceptions to adjudication. The facts appear by the opinion of the Supreme Court. The auditing judge allowed the claim.

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Appeal, No. 417, Jan. T., 1892, by John F. McMenamin, executor and trustee of Patrick McHugh, deceased, and administrator of John Q. McHugh, deceased, and of Wm. C. McHugh, next of kin of John Q. McHugh, deceased, from decree of O. C. Phila. Co., Oct. T., 1891, No. 395, dismissing exceptions to adjudication. The facts appear by the opinion of the Supreme Court. The auditing judge allowed the claim. Appellants filed ex ceptions, inter alia, (1) to the allowance of the claim, and (2) in entertaining jurisdiction of said claim. The exceptions were dismissed in an opinion by Penrose, J., 1 Dist.…

1Opinion of the Court

Opinion by

Mr. Chiee Justice Paxson,

This belongs to a class of cases which, in Lynn v. Lynn, 29 Pa. 369, Justice Lowrie characterized as “ among the most odious the courts have to deal with.” It differs from that case only in degree. There are a number of cases following Lynn v. Lynn which I will not stop to cite, in which this court has applied equally vigorous language where claims have been trumped up against the estates of the dead.

The facts of this case, briefly stated, are as follows: John Q. McHugh, the decedent, died at the home of his aunt, Mrs. Margaret T. Lambert, the appellee. He…

2Cases cited1 opinion

  1. Lynn v. LynnSupreme Court of Pennsylvania · 1857

3Cited by2 opinions

  1. Estate of MooreSuperior Court of Pennsylvania · 1900
  2. Moore v. MinorSuperior Court of Pennsylvania · 1914

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