Legal Opinion

Stœver's Appeal

Supreme Court of Pennsylvania

Decided March 15, 1842PublishedCited by 4 opinions

THIS was an appeal from the Orphans’ Court of Northampton county. Letters of administration were taken out to the insolvent estate of Isaac Salkeld, and auditors were appointed to examine the account of the surviving administrator, and to make a pro rata distribution among the creditors.

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THIS was an appeal from the Orphans’ Court of Northampton county. Letters of administration were taken out to the insolvent estate of Isaac Salkeld, and auditors were appointed to examine the account of the surviving administrator, and to make a pro rata distribution among the creditors. An exception was filed by Frederick Stoever, one of the creditors of the estate, on the ground that the report of the auditors did not embrace all the admitted creditors, it being silent as to his claim. The circumstances of the case were as follows: Letters of administration were granted upon the estate of…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

This case was properly ruled on the authority of Mitchell’s Estate, (2 Watts 87). The Act of the 16th June 1836, extends only to appeals from the Orphans’ Court; and consequently does not touch this case.' Nor will the supposed equity authorize a review, on the' principles indicated in Downing’s Estate, (5 Watts 90). Equity follows the law; and it would be useless to grant the petition by a reference to auditors; who would be bound to decide the question in precisely the same way. The rights of the creditors are fixed, and particularly the…

2Cases cited2 opinions

  1. Downing's EstateSupreme Court of Pennsylvania · 1836
  2. Mitchell's EstateSupreme Court of Pennsylvania · 1833

3Cited by4 opinions

  1. Yorks's AppealSupreme Court of Pennsylvania · 1885
  2. Hammett's AppealSupreme Court of Pennsylvania · 1877
  3. Currens v. BlocherSuperior Court of Pennsylvania · 1902
  4. Diehl's EstatePennsylvania Orphans' Court, Centre County · 1930

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