Legal Opinion

Bartholomew's Administrator v. Bartholomew

Supreme Court of Pennsylvania

Decided May 22, 1865PublishedCited by 4 opinions

Error to the Common Pleas of Lancaster county. This was an action of debt by John Smith, administrator of Esther Bartholomew, deceased, against Matthew Bartholomew and Charles Edwards, in which the following case was stated for the opinion of the court:— Matthew Bartholomew, one of the above defendants, was administrator of the estate of David Herr, late of Strasburg township, deceased, and as such administrator received into his hands the estate of said deceased.

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Error to the Common Pleas of Lancaster county. This was an action of debt by John Smith, administrator of Esther Bartholomew, deceased, against Matthew Bartholomew and Charles Edwards, in which the following case was stated for the opinion of the court:— Matthew Bartholomew, one of the above defendants, was administrator of the estate of David Herr, late of Strasburg township, deceased, and as such administrator received into his hands the estate of said deceased. Esther Bartholomew, plaintiff’s intestate, was a distributee of said David Herr, deceased, and died before his estate was…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

It is not difficult to determine this case, if we keep in view the provisions of the Insolvent Law, and the purpose of the bond given to obtain its benefit. The first section of the Act of 16th June 1836, gives power to grant relief to insolvent debtors, in the manner provided. The mode is for the debtor to come into court, present his application, ask a hearing, give notice of it to his creditors, exhibit the state o'f his affairs, take the required oath, *200make an assignment, and ask for Ms final discharge. In all this, he is the actor and…

2Cases cited1 opinion

  1. Piatt v. St. Clair's HeirsOhio Supreme Court · 1833

3Cited by4 opinions

  1. Marks v. WillenskiSuperior Court of Pennsylvania · 1906
  2. O'Donnell v. GordonSuperior Court of Pennsylvania · 1899
  3. Stanko v. BianucciSuperior Court of Pennsylvania · 1920
  4. Wolfe v. McDevittSuperior Court of Pennsylvania · 1917

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