Fox v. Winters
Supreme Court of Pennsylvania
Writ of error to the District Court for the city and county of Philadelphia, in an action of ejectment for a messuage and two lots of ground in the Northern Liberties of the city of Philadelphia, brought by the plaintiffs in error, Joseph Fox and others, against the defendants in error, Garret Winters and George Weaver.
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Writ of error to the District Court for the city and county of Philadelphia, in an action of ejectment for a messuage and two lots of ground in the Northern Liberties of the city of Philadelphia, brought by the plaintiffs in error, Joseph Fox and others, against the defendants in error, Garret Winters and George Weaver. The plaintiffs below claimed under the will of Joseph Fox, deceased, and endeavoured to impeach the regularity of proceedings in the Orphans’ Court instituted on the application of Frances Fox, executrix of Joseph Fox, for leave to sell the real estate of the decedent, and the…
1Opinion of the CourtRogers, J.
The defendants derived title from a proceeding in a case of testacy in the Orphans’ Court, under the second section of the act ofthe first of April, 1811.
That act differs from the act of 1794, (which relates to the estates ofintestates) in this, that previous to the order of sale, it is required that there should be a final settlement of an administration account in the Orphans’ Court. A final settlement contains an exhibit of the personal estate of the testator; and when the executors intend to make it the foundation of an order of sale, there should be an exhibit or schedule of the debts…
2Cases cited4 opinions
- M'Pherson v. CunliffSupreme Court of Pennsylvania · 1824
- M'Lenachan v. Commonwealth ex rel. BucherSupreme Court of Pennsylvania · 1829
- Kennedy v. WachsmuthSupreme Court of Pennsylvania · 1824
- M'Fadden v. GeddisSupreme Court of Pennsylvania · 1828
3Cited by2 opinions
- Hasley v. HasleySupreme Court of Louisiana · 1873
- Marshall v. PearceSupreme Court of Louisiana · 1882