Simpson's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia county : Of January Term 1885, No. 168. This was the appeal of Alexander Simpson, Jr., trustee, from a decree of said court refusing to compel payment to him by tlie Fidelity Insurance Trust and Safe Deposit Company, administrator of the' estate of John G. Pusey, deceased, of the sum awarded to him, as trustee, in the adjudication on the account of said administrator, and decree of distribution thereon.
Read the full summary
Appeal from the Orphans’ Court of Philadelphia county : Of January Term 1885, No. 168. This was the appeal of Alexander Simpson, Jr., trustee, from a decree of said court refusing to compel payment to him by tlie Fidelity Insurance Trust and Safe Deposit Company, administrator of the' estate of John G. Pusey, deceased, of the sum awarded to him, as trustee, in the adjudication on the account of said administrator, and decree of distribution thereon. The petition of Alexander Simpson, Jr., trustee, set forth the following facts :— John G. Pusey died January 17th, 1884. Letters of…
1Opinion of the Court
The opinion of the court was filed
2Per curiam
The appellant as trustee of the widow, seeks to recover from the administrator of the decedent within a year after his death, the sum decreed to her, without giving a refunding bond.
The court was right in refusing to make the desired order. A payment although under the decree of distribution at such time, might not protect the administrator: Pry’s Appeal, 8
Watts, 253. Within the sphere of its jurisdiction the Orphans’ Court has all the power of a court of equity: Culbertson's Appeal, 26 P. F. S., 145. It has undoubted jurisdiction over this fund. The Act of…
3Cases cited1 opinion
- Pry's AppealSupreme Court of Pennsylvania · 1839
4Cited by2 opinions
- Rastaetter's EstateSuperior Court of Pennsylvania · 1901
- Vought EstateSuperior Court of Pennsylvania · 1954