Benner v. Phillips
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Centre county. William Alexander, for the use of the executor of Henry Phillips, against James Gelleland, administrator de bonis non cum testa-mentó annexo of Philip Benner deceased, with notice to all the heirs and devisees of the said testator. Philip Benner owned a very large estate, which by his will he bequeathed and devised to his children and grandchildren, and died on the 18th July 1832, owing a large amount of debts.
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ERROR to the Common Pleas of Centre county. William Alexander, for the use of the executor of Henry Phillips, against James Gelleland, administrator de bonis non cum testa-mentó annexo of Philip Benner deceased, with notice to all the heirs and devisees of the said testator. Philip Benner owned a very large estate, which by his will he bequeathed and devised to his children and grandchildren, and died on the 18th July 1832, owing a large amount of debts. On the 18th March 1836, James Gelleland, administrator cle bonis non with the will annexed, presented a petition to the Orphans’ Court,…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
The 18th July 1832, General Philip Benner died, leaving a large real and personal estate, but greatly indebted, and among others to a certain William Alexander. To the April Term 1839, William Alexander, for the use of Edward Kinsey, executor of Henry Phillips, brought suit against James Gelleland, administrator of Philip Benner, and on the 1st February 184.0, obtained judgment for want of a plea. At the April Term following the judgment was opened, so far as to let the defendant into a defence on the merits. The 24th November 1840, a verdict…
2Cases cited2 opinions
- Murphy's AppealSupreme Court of Pennsylvania · 1844
- Pry's AppealSupreme Court of Pennsylvania · 1839
3Cited by15 opinions
- Tryon v. MunsonSupreme Court of Pennsylvania · 1875
- Kirk v. Van HornSupreme Court of Pennsylvania · 1920
- Myers v. LohrSuperior Court of Pennsylvania · 1919
- Brubaker's EstateSuperior Court of Pennsylvania · 1915
- McDevitt & Hays's & Kitchenman's AppealSupreme Court of Pennsylvania · 1872
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