Hess's Estate
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Lancaster county: No. 96, to May Term 1871, distributing the estate of Henry Hess, deceased, in the hands of John B. Herr and Daniel Herr, administrators; the balance being $20,090, which was referred to S. P. Eby, Esq., as auditor to report distribution.
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Appeal from the decree of the Orphans’ Court of Lancaster county: No. 96, to May Term 1871, distributing the estate of Henry Hess, deceased, in the hands of John B. Herr and Daniel Herr, administrators; the balance being $20,090, which was referred to S. P. Eby, Esq., as auditor to report distribution. His report exhibited the following facts:— Henry Hess, the decedent, and Christian Lintner became co-sureties in a number of bonds and notes amounting in the whole to $20,661.12, for Samuel Hess. On the 27th of February 1869, Samuel Hess made an assignment for the benefit of his creditors, and…
1Opinion of the Court
The opinion of the court was delivered, October 9th 1871, by
Read, J.
Henry Hess the father and Christian Lintner the father-in-law of Samuel Hess became bound as sureties, on bonds and notes given by Samuel Hess to different individuals. On February 27th 1869, Samuel Hess made a general assignment for the benefit of creditors, and on the next day his father Henry Hess died insolvent. Christian Lintner, under legal pressure, paid these debts for which he and Henry Hess were bound, and took transfers thereof from the creditors. The auditor gave a dividend only on one-half the amount paid, which…
2Cases cited1 opinion
- Lidderdale's Executors v. of RobinsonSupreme Court of the United States · 1827
3Cited by8 opinions
- Baily's EstateSupreme Court of Pennsylvania · 1893
- Commonwealth Ex Rel. Schnader v. National Surety Co.Supreme Court of Pennsylvania · 1944
- Chambersburg Trust Co. v. AlexanderSuperior Court of Pennsylvania · 1931
- Reber's EstateSuperior Court of Pennsylvania · 1900
- In re ThompsonDistrict Court, W.D. Pennsylvania · 1924
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