Demmy's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Dauphin county. This was an appeal by Edward Demmy from the decree of the Orphans’ Court relative to the sale of the real estate of Leonard Demmy, deceased. The case was this: — Leonard-Demmy died intestate on the 10th day of August, A. D. 1851. Letters of administration upon his estate issued on the 81st day of August 1854, to Barbara Demmy, his widow, and Edward Demmy, the appellant.
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Appeal from the Orphans’ Court of Dauphin county. This was an appeal by Edward Demmy from the decree of the Orphans’ Court relative to the sale of the real estate of Leonard Demmy, deceased. The case was this: — Leonard-Demmy died intestate on the 10th day of August, A. D. 1851. Letters of administration upon his estate issued on the 81st day of August 1854, to Barbara Demmy, his widow, and Edward Demmy, the appellant. On the 12th day of October 1857, Edward Demmy filed in the register’s office of Dauphin county, a final settlement of his administration of the said estate before the register,…
1Opinion of the Court
The opinion of the court was delivered, by
Strong, J.
We concur in opinion with the Orphans’ Court that a portion of the balance found due to the administrator on the settlement of his administration account was a lien upon the real estate of the decedent when the petition for the order of sale was presented, and that consequently the court had jurisdiction to make the order. We also think that no more of the sum credited to the administrator in his account remained a lien, than that for which judgment was obtained within five years, and the amount expended for services in the settlement of the…
2Cases cited5 opinions
- Bellas v. M'CartySupreme Court of Pennsylvania · 1840
- Morrison v. WurtzSupreme Court of Pennsylvania · 1838
- Leshey v. GardnerSupreme Court of Pennsylvania · 1842
- Stephens's AppealSupreme Court of Pennsylvania · 1844
- Erb v. ErbSupreme Court of Pennsylvania · 1845
3Cited by21 opinions
- Brereton EstateSupreme Court of Pennsylvania · 1946
- Commonwealth Trust Co. General Mortgage Investment Fund CaseSupreme Court of Pennsylvania · 1947
- Hess v. Vinton Colliery Co.Supreme Court of Pennsylvania · 1916
- Baton Coal Company AppealSupreme Court of Pennsylvania · 1950
- Calhoun v. HaysSuperior Court of Pennsylvania · 1944
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