Legal Opinion

Dundas's Appeal

Supreme Court of Pennsylvania

Decided May 17, 1873PublishedCited by 18 opinions

Appeals from the decree of the Orphans’ Court of Philadelphia : No. 164, to July Term 1871, and No. 218, to January Term 1872. In the estate of James Dundas, deceased. This proceeding commenced April 15th 1871, by the petition of William Oswald Dundas, a legatee under the will of James Dundas, the decedent.

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Appeals from the decree of the Orphans’ Court of Philadelphia : No. 164, to July Term 1871, and No. 218, to January Term 1872. In the estate of James Dundas, deceased. This proceeding commenced April 15th 1871, by the petition of William Oswald Dundas, a legatee under the will of James Dundas, the decedent. The petition set out, that the decedent died about July 4th 1865, having made his will which was proved July 10th 1865, and letters testamentary granted to Joshua Lippincott, James Dundas Lippincott and Richard Smethurst, the executors named in it; that the petitioner was one of the…

1Opinion of the Court

The opinion of the court in each appeal was delivered, May 17th 1873, by

Agnew, J.

Dundas’s Appeal.

The decision of the Orphans’ Court in this case was against its own jurisdiction, and in this there was error. It was said by Black, C. J., in Whiteside v. Whiteside, 8 Harris 473, “if there be anything, besides death, which is not to be doubted, it is that the Orphans’ Court alone has authority to ascertain the amount of a decedent’s property, and order its distribution among those entitled to it.” The exclusiveness of this jurisdiction is sustained by numerous modern decisions, to a few of which…

2Cited by18 opinions

  1. Link's Estate (No. 1)Supreme Court of Pennsylvania · 1934
  2. Way EstateSupreme Court of Pennsylvania · 1954
  3. Long's EstateSupreme Court of Pennsylvania · 1916
  4. Fitzgerald's EstateSupreme Court of Pennsylvania · 1916
  5. King's EstateSupreme Court of Pennsylvania · 1906

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