Legal Opinion

Delbert's Appeal

Supreme Court of Pennsylvania

Decided May 7, 1877No. 2PublishedCited by 5 opinions

Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1875, No. 114. This was an appeal by Simon Delbert and others, executors and trustees, from the decree of the court refusing a citation to James S. Huber to account. . This proceeding commenced by a petition filed by the same parties as in the preceding case, and, as therein, setting forth the provisions of the will of Frederick Gaul, Sr., deceased.

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Appeal from the Orphans’ Court of Philadelphia county: Of January Term 1875, No. 114. This was an appeal by Simon Delbert and others, executors and trustees, from the decree of the court refusing a citation to James S. Huber to account. . This proceeding commenced by a petition filed by the same parties as in the preceding case, and, as therein, setting forth the provisions of the will of Frederick Gaul, Sr., deceased. It then averred that the account of the trust estate was kept by Frederick Gaul, Henry Stiles and James S. Huber, and in 1852-1854 a settlement of the trust accounts was made,…

1Opinion of the CourtJustice Paxson

This was a proceeding to compel James S. Huber to settle an account as trustee in the Orphans’ Court. The case was heard below upon petition and answer. The application for a citation was resisted by Mr. Huber upon the ground that nothing had been shown “ to give the Orphans’ Court jurisdiction of the said James S. Huber, as he was not shown to be a trustee for any one in whose estate the petitioners had any interest, nor was he alleged to have in his control or possession any property derived directly from any decedent, or indirectly through the action of-the court.” While it was not alleged…

2Cases cited1 opinion

  1. Fretz's AppealSupreme Court of Pennsylvania · 1842

3Cited by5 opinions

  1. McGovern's EstateSupreme Court of Pennsylvania · 1936
  2. Schnepf's EstateSuperior Court of Pennsylvania · 1912
  3. Commonwealth v. GregorySupreme Court of Pennsylvania · 1918
  4. In Re Est. of N.E. BerkeySuperior Court of Pennsylvania · 1931
  5. Spence v. Commonwealth Trust Co., Pennsylvania Court of Common Pleas, Alleghany County1951

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