Legal Opinion

Kinter's Appeal

Supreme Court of Pennsylvania

Decided July 6, 1869PublishedCited by 12 opinions

May 21st 1869. Before Thompson, 0. J., Read, Agnew, Shar^swood and Williams, JJ. Appeal from the decree of the Orphans’ Court of Dauphin county: No. 108 to May Term 1868, in John K. Fertig, a minor’s, estate. On the 5th of June 1867, John K. Fertig presented to the Orphans’ Court a petition for review' of the account of Isaac Kinter, his guardian.

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May 21st 1869. Before Thompson, 0. J., Read, Agnew, Shar^swood and Williams, JJ. Appeal from the decree of the Orphans’ Court of Dauphin county: No. 108 to May Term 1868, in John K. Fertig, a minor’s, estate. On the 5th of June 1867, John K. Fertig presented to the Orphans’ Court a petition for review' of the account of Isaac Kinter, his guardian. The petitioner represented that when he was about seven years old, Kinte^ was appointed his guardian and so continued until February 16th 1864 when the petitioner arrived at age: that on the 24th of December of that year the guardian filed his…

1Opinion of the Court

The opinion of the Court was delivered,

by Sharswood, J.

The first and second assignments of error may be considered together. The pleas and answer of the appellant, *322■which were overruled in the Court below, allege that no bill of review could be sustained, because — 1. The petition did not show any errors of law appearing in the body of the decree, nor any new matter which had arisen or been discovered since, nor — 2. Did it aver that the balance found due had not been paid over by the accountant.

The petition, however, does set out that material errors and omissions in the account had been…

2Cases cited2 opinions

  1. Lukens's AppealSupreme Court of Pennsylvania · 1844
  2. Briggs's AppealSupreme Court of Pennsylvania · 1836

3Cited by12 opinions

  1. Sloan's EstateSupreme Court of Pennsylvania · 1916
  2. Stetson's EstateSupreme Court of Pennsylvania · 1931
  3. In Re Estate of BellSupreme Court of Pennsylvania · 1975
  4. Ehrhart's EstateSuperior Court of Pennsylvania · 1906
  5. White's EstateSupreme Court of Pennsylvania · 1915

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