Legal Opinion

Wimmer's Appeal

Supreme Court of Pennsylvania

Decided January 18, 1836PublishedCited by 9 opinions

This was an appeal from a decree of the Orphan’s Court of Bucks County, in the matter of the settlement of the accounts of Philip Wimmer, surviving trustee of Margaret Swartz, intermarried with John Swartz.

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This was an appeal from a decree of the Orphan’s Court of Bucks County, in the matter of the settlement of the accounts of Philip Wimmer, surviving trustee of Margaret Swartz, intermarried with John Swartz. The facts material to a corree]: understanding of the points decided, are as follows: Michael Detterly, the elder, by his last will and testament, dated the 22d of December, 1806, and proved in the register’s office, on the 4th of December, 1812, among other things devised and bequeathed as follows, viz.: First — “I give unto my son, Michael, all those goods and effects and improvements,…

1Opinion of the Court

The opinion of the court was delivered by

Sergeant, X,

who, after stating the' material facts, proceeded thus:

By the appellant’s fifth exception, a question has been made as to the right of the Orphan’s Court to call trustees to account, which it is proper first to consider; for if that court had no jurisdiction in the matter, it would be unnecessary to discuss the other exceptions. It becomes important to decide this point, because proceedings in the Orphan’s Court against trustees, merely as such, have not been very frequent, and must now depend on the construction of the recent act of the…

2Cited by9 opinions

  1. Brereton EstateSupreme Court of Pennsylvania · 1946
  2. Dundas's AppealSupreme Court of Pennsylvania · 1870
  3. Commonwealth v. HillSupreme Court of Pennsylvania · 1898
  4. Morton's EstateSupreme Court of Pennsylvania · 1902
  5. Leslie's AppealSupreme Court of Pennsylvania · 1870

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