Commonwealth ex rel. Beelman v. Shelby
Supreme Court of Pennsylvania
IN ERROR, These writs of error were to the Court of Common Pleas of Cumberland county, that court having made a decision with which both parties were dissatisfied.
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IN ERROR, These writs of error were to the Court of Common Pleas of Cumberland county, that court having made a decision with which both parties were dissatisfied. The suit was ap amicable scire facias, on a recognizance in the Orphans’ Court of Cumberland county, in which the commonwealth, for the use of John Beelman, and Barbara his wife, were plaintiffs, and Andrew Shelby, John Barnhart, and Nicholas Kreutzer, defendants: and the following case was stated in nature of a special verdict, Andrew Sheely, the father of the above named Barbara Beelman, made his last will and testament duly…
1Opinion of the Court
The opinion of the court was delivered by
Duncan, J.
This action, in substance, was in the nature of a bill in equity to administer the assets of Andrew Sheely, the testator, under the facts stated, to which, for the sake of brevity, I refer.
Both parties were dissatisfied with the decision, and both have taken out writs of error; Beelman and his wife contending, that the personal estate and the devised lands constitute the fund for the payment of legacies-and of all other debts, while Andrew Sheely, John Sheely, and Nicholas Kreutzer contend, that the descended land is the first fund, and that…
2Cases cited3 opinions
- Nichols v. PostlethwaiteSupreme Court of the United States · 1791
- Witman v. NortonSupreme Court of Pennsylvania · 1814
- Tucker v. HassencleverSupreme Court of Pennsylvania · 1801