Platt's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia: Of July Term 1874, No. 4. In the estate of Anson H. Platt, deceased. Alexander McCurdy, administrator, &c., of the decedent, having filed his account, it was referred to David Weatherly, Jr., Esq., as auditor to adjust, &c., and report distribution.
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Appeal from the Orphans’ Court of Philadelphia: Of July Term 1874, No. 4. In the estate of Anson H. Platt, deceased. Alexander McCurdy, administrator, &c., of the decedent, having filed his account, it was referred to David Weatherly, Jr., Esq., as auditor to adjust, &c., and report distribution. The auditor found that the balance in the hands of the administrator, after payment of debts and expenses, was $612.38. Of this balance Mary W. Platt, as the widow of the decedent, claimed $300 under the Act of April 4th 1851, sect. 5, Pamph. L. 613, 1 Br. Purd. 416, pl. 60; also one-third of the…
1Opinion of the CourtJustice Gordon
That the decree of the court in Michigan, divorcing Anson H. Platt from his wife, Mary W., was nugatory and void, so far, at least, as it affected the rights of parties in the state of Pennsylvania, is a proposition that is not open to doubt. The cause of divorce did not arise in the state of Michigan, neither did the parties reside therein. Mrs. Platt was not served with process, neither did she appear to answer the libel. Under these circumstances, we cannot recognise this decree of divorce as binding on the appellee: Colvin v. Reed, 5 P. F. Smith 375; Reel v. Elder, 12 Id. 308. The auditor…
2Cited by11 opinions
- Krumenacker v. AndisNorth Dakota Supreme Court · 1917
- Commonwealth v. CusterSuperior Court of Pennsylvania · 1941
- In Re Metcalf's EstateMontana Supreme Court · 1933
- Mallory's EstateSupreme Court of Pennsylvania · 1930
- Grossman's EstateSuperior Court of Pennsylvania · 1917
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