Legal Opinion

Miller's Appeals

Supreme Court of Pennsylvania

Decided July 1, 1858PublishedCited by 3 opinions

Appeals from tbe Common Pleas and Orphans’ Court of Northampton county. These were four appeals from the decrees of the Common Pleas and Orphans’ Court, in the matter of the accounts of Samuel Wilhelm, one of the executors, and trustee under the will of Peter Miller, late of Easton, Pennsylvania, deceased. Two of these appeals were taken by Alexander Miller, administrator of Peter Miller, late of Ohio, deceased; and two of them by Samuel Wilhelm, the accountant.

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Appeals from tbe Common Pleas and Orphans’ Court of Northampton county. These were four appeals from the decrees of the Common Pleas and Orphans’ Court, in the matter of the accounts of Samuel Wilhelm, one of the executors, and trustee under the will of Peter Miller, late of Easton, Pennsylvania, deceased. Two of these appeals were taken by Alexander Miller, administrator of Peter Miller, late of Ohio, deceased; and two of them by Samuel Wilhelm, the accountant. Peter Miller, of Easton, died on the 3d March 1847, having made his last -will and testament, wherein, after giving legacies to…

1Opinion of the Court

The opinion of the court was delivered by

Woodward, J.

— When Samuel Wilhelm settled his accounts, one of them in the Orphans’ Court, as one of the executors of the last will of Peter Miller, and the other in the Common Pleas, as trustee under the same will, it was according to the usual course to refer them to auditors, to examine, and, if necessary, to resettle them and make distribution. And as both accounts arose out of the same estate, under the same will, and differed no otherwise than as one related to the personal estate of the testator, and the other to the proceeds of his realty, it…

2Cited by3 opinions

  1. Allegheny V. R. v. DickeySupreme Court of Pennsylvania · 1890
  2. Martin's EstatePennsylvania Orphans' Court, Sullivan County · 1933
  3. Siglin's Estate, Pennsylvania Court of Common Pleas, Union County1933

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