Legal Opinion

Estate of Padelford

Supreme Court of Pennsylvania

Decided January 30, 1899No. Appeal, No. 369PublishedCited by 5 opinions

Appeal, No. 369, Jan. T., 1898, by M. J. O’Callaghan, from decree of O. C. Phila. Co., Oct. T., 1897, No. 269, sustaining appeal from register of wills. Appeal from register of wills. Hanna, P. J., filed the following opinion: The administration of this estate became vacant by the death of the executors.

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Appeal, No. 369, Jan. T., 1898, by M. J. O’Callaghan, from decree of O. C. Phila. Co., Oct. T., 1897, No. 269, sustaining appeal from register of wills. Appeal from register of wills. Hanna, P. J., filed the following opinion: The administration of this estate became vacant by the death of the executors. Application was then made to the register for the grant of letters of administration d. b. n. c. t. a. by the widow of testator; also by the residuary legatee, and also on behalf of the guardian of the minor child of testator. Instead of granting the letters to either of the claimants, the…

1Opinion of the Court

Per Curiam,

We find no error in the decree from which this appeal was taken. When the register came to the conclusion that letters of administration, with the will annexed, should not be granted to either of the persons, then before him, claiming the same in their own right respectively, an opportunity should have been afforded to those entitled to the residue of the estate to nominate a suitable person, etc. Instead of that, appellant was appointed and letters issued to him. The appeal from his decision brought the matter de novo before the orphans’ court, and there the nomination of the…

2Cited by5 opinions

  1. Friese's EstateSupreme Court of Pennsylvania · 1934
  2. In Re the Estate of DodgeSupreme Court of Pennsylvania · 1987
  3. Job's EstateSuperior Court of Pennsylvania · 1903
  4. In re Shontz' EstateSuperior Court of Pennsylvania · 1919
  5. Johnstone EstatePennsylvania Orphans' Court, Montgomery County · 1954

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