Legal Opinion

In re Harrisburg Trust Co.

Superior Court of Pennsylvania

Decided April 18, 1923No. Appeal, No. 6PublishedCited by 11 opinions

Appeal, No. 6, March T., 1923, by Estate of W. L. Powell, from judgment of C. P. Cumberland Co., Dec. T., 1920, No. 66, dismissing exceptions to Auditor’s Report in the Matter of the Harrisburg Trust Company, substituted trustee for Prank R. Leib, trustee, deceased. Exceptions to auditor’s report. Before Maust, P. J. The opinion of the Superior Court states the case. The court dismissed the exceptions and confirmed the report of the auditor.

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Appeal, No. 6, March T., 1923, by Estate of W. L. Powell, from judgment of C. P. Cumberland Co., Dec. T., 1920, No. 66, dismissing exceptions to Auditor’s Report in the Matter of the Harrisburg Trust Company, substituted trustee for Prank R. Leib, trustee, deceased. Exceptions to auditor’s report. Before Maust, P. J. The opinion of the Superior Court states the case. The court dismissed the exceptions and confirmed the report of the auditor. The plaintiff took an appeal in the name of W. L. Powell Estate. Errors assigned, among others, were in dismissing exceptions.

1Opinion of the Court

Opinion by

Trexler, J.,

The matter before us arose in the distribution of the funds realized through the sale of certain real estate by the Harrisburg Trust Company, trustee. The appellant is the estate of W. L. Powell. We are met at the outset with lack of a proper party. We search in vain in the records for one who represents the estate of W. L. Powell as executor or administrator. At several places in the proceeding Fred C. Miller, Esq., appears as attorney for Ella Powell and Jennie B. Powell who are surviving heirs of W. L. Powell and claimants to a portion of the funds in the hands of the…

2Cases cited2 opinions

  1. Jones v. BealeSupreme Court of Pennsylvania · 1907
  2. Philadelphia v. PetersSuperior Court of Pennsylvania · 1914

3Cited by11 opinions

  1. Suders v. CampbellDistrict Court, M.D. Pennsylvania · 1947
  2. Brennan v. Estate of SmithDistrict Court, M.D. Pennsylvania · 1969
  3. Casner v. Fisher, Pennsylvania Court of Common Pleas, Mifflin County1960
  4. Estate of Amanda M. MilesSuperior Court of Pennsylvania · 1928
  5. Estate of Edward L. Himmelwright v. Trooper Benjamin J. CampanaDistrict Court, M.D. Pennsylvania · 2022

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