Legal Opinion

Alexander's Estate

Supreme Court of Pennsylvania

Decided March 12, 1906No. Appeal, No. 137PublishedCited by 7 opinions

Appeal, No. 137, Jan. T., 1905, by The Fidelity Trust Company, Executor and Trustee, from decree of O. C. Phila. Co., Jan. T., 1896, No. 526, granting an injunction restraining a suit at law against Lucien H. Alexander in Estate of John Alexander, deceased. Petition for an injunction restraining an action at law. The facts are stated in the opinion of the Supreme Court.

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Appeal, No. 137, Jan. T., 1905, by The Fidelity Trust Company, Executor and Trustee, from decree of O. C. Phila. Co., Jan. T., 1896, No. 526, granting an injunction restraining a suit at law against Lucien H. Alexander in Estate of John Alexander, deceased. Petition for an injunction restraining an action at law. The facts are stated in the opinion of the Supreme Court. The court entered the following decree : And now, March 28, 1905, this cause coming on to be heard on petition and answer, and upon consideration thereof the court, on motion of J. Lawrence Wetlierill, Esq., solicitor for the…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

In the settlement of the account of The Fidelity Trust Company, executor and trustee under the will of John Alexander, deceased, in the orphans’ court of Philadelphia, an effort was made on behalf of one of the distributees under the will, to surcharge the accountant with a considerable sum on account of rent which it was claimed was due and owing to the estate from Lueien H. Alexander, also a distributee, because of his occupancy of certain real estate after the period fixed by the will for its sale, but which accountant had failed to collect, and damages as…

2Cases cited2 opinions

  1. Springer's AppealSupreme Court of Pennsylvania · 1857
  2. Estate of BucknorPennsylvania Orphans' Court, Philadelphia County · 1890

3Cited by7 opinions

  1. Williams' EstateSupreme Court of Pennsylvania · 1912
  2. Crisswell's EstateSupreme Court of Pennsylvania · 1939
  3. Trees v. GlennSupreme Court of Pennsylvania · 1935
  4. Binenstock TrustPennsylvania Orphans' Court, Philadelphia County · 1962
  5. Garrett TrustPennsylvania Orphans' Court, Philadelphia County · 1950

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