Estate of Stewart
Supreme Court of Pennsylvania
APPEAL BY J. F. CONNOLLY ET AL. FROM THE ORPHANS’ COURT OF LACKAWANNA COUNTY. No. 372 January Term 1889, Sup. Ct.; court below, number and term not given. On June 30, 1884, Dr. Thomas Stewart, executor of the will of Jesse Stewart, deceased, filed his first account, which after-wards passed in due course to final confirmation. On January 14, and June 20, 1885, petitions were presented by distributees interested in the estate, praying for a review of the account.
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APPEAL BY J. F. CONNOLLY ET AL. FROM THE ORPHANS’ COURT OF LACKAWANNA COUNTY. No. 372 January Term 1889, Sup. Ct.; court below, number and term not given. On June 30, 1884, Dr. Thomas Stewart, executor of the will of Jesse Stewart, deceased, filed his first account, which after-wards passed in due course to final confirmation. On January 14, and June 20, 1885, petitions were presented by distributees interested in the estate, praying for a review of the account. A citation having issued to the accountant, and answer thereto filed, the court made an order opening the decree of confirmation,…
1Opinion of the Court
Opinion,
Mr. Justice McCollum:
The learned auditor and the learned judge agreed that the judgment secured by the Loag mortgage belonged to the estate of Jesse Stewart. They were in accord as to the ownership of it, but differed in their methods of reaching the same conclusion. The former was of opinion that the assignment of it was spurious, while the latter thought it was genuine, that it had served its purpose, and that the title which passed by it had reverted to the assignor. "We think the learned judge was right in his conclusion "that the instrument purporting to be an assignment of the…
2Cited by18 opinions
- Tucker v. BrownWashington Supreme Court · 1944
- Hartwig v. FlynnSupreme Court of Kansas · 1909
- Weber v. KlineSupreme Court of Pennsylvania · 1928
- In re the Estate of BeltWashington Supreme Court · 1902
- Pennington v. NewmanSupreme Court of Oklahoma · 1913
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