Eckfeldt's Appeal
Supreme Court of Pennsylvania
This was an appeal from the decree of the Orphans’ Court at Philadelphia. Jeremiah Hornketh, made his will as follows: I, Jeremiah Hornketh, give to my wife all my furniture and household goods of every description absolutely. I give her my house in which I now dwell, and my house in Pace near Eighth street during her life or widowhood for her support.
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This was an appeal from the decree of the Orphans’ Court at Philadelphia. Jeremiah Hornketh, made his will as follows: I, Jeremiah Hornketh, give to my wife all my furniture and household goods of every description absolutely. I give her my house in which I now dwell, and my house in Pace near Eighth street during her life or widowhood for her support. All the residue of my estate, after payment of my debts, I give to be equally divided among all my children, in fee with this proviso, that the parts and shares of my daughters be held by my executors in trust for their use equally during their…
1Opinion of the Court
The opinion of the court was delivered by
Gxbson, C. J.
The decree appealed from is clearly interlocutory. It is a decree that appellant account, and having accounted before an auditor, he would be at liberty to file exceptions, perhaps involving facts to call for the assistance of a jury. Even when exceptions are disposed of, a final decree is necessary to enforce payment of the balance. Perhaps no balance might be found and the party eventually suffer no injustice. It would be oppressive to drag a suitor here on every intermediate order to be delayed a year before he could take another step.…
2Cited by7 opinions
- Watkins v. HughesSupreme Court of Pennsylvania · 1903
- Gramm EstateSupreme Court of Pennsylvania · 1966
- Second StreetSupreme Court of Pennsylvania · 1894
- COM., DEPT. OF TRANSP. v. KmetzCommonwealth Court of Pennsylvania · 1989
- Estate of StarrSuperior Court of Pennsylvania · 1897
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