Estate of Starr
Superior Court of Pennsylvania
Appeal, No. 27, Nov. T., 1896, by David Starr, surviving executor, from decree of O. C. Schuylkill Co. Motion to quash appeal. Margaret L. Tobias filed a petition in the court below alleging, inter alia, that Peter Starr died in 1882, that letters testamentary were granted to David Starr, that more than one year had elapsed since said letters were granted and that the executor had failed to file an account. That the petitioner was a legatee and prayed for a citation.
Read the full summary
Appeal, No. 27, Nov. T., 1896, by David Starr, surviving executor, from decree of O. C. Schuylkill Co. Motion to quash appeal. Margaret L. Tobias filed a petition in the court below alleging, inter alia, that Peter Starr died in 1882, that letters testamentary were granted to David Starr, that more than one year had elapsed since said letters were granted and that the executor had failed to file an account. That the petitioner was a legatee and prayed for a citation. The answer of the executor set up at length that the bequests to the petitioner were of articles in kind which she received and…
1Opinion of the Court
Opinion by
Rice, P. J.,
“ It would involve intolerable mischief if any intermeddler could compel an executor to file an account of his trust whenever demanded. Hence, the proper practice is, where a person who is not a creditor obtains a citation, to answer it, denying that the petitioner is a creditor. This at once challenges his position as such, and unless he can make out a prima facie claim, it is the duty of the court to dismiss his petition: ” Lightner’s Estate, 144 Pa. 273. It may be conceded for present purposes that the court might properly have pursued the course above indicated in…
2Cases cited3 opinions
- Estate of LightnerPennsylvania Orphans' Court, Lancaster County · 1891
- Palethorp's EstateSupreme Court of Pennsylvania · 1894
- Eckfeldt's AppealSupreme Court of Pennsylvania · 1850
3Cited by7 opinions
- Parmer's EstateSupreme Court of Pennsylvania · 1912
- Commonwealth v. StephensSuperior Court of Pennsylvania · 1899
- In re Division of WardsSuperior Court of Pennsylvania · 1898
- Allen's EstateSuperior Court of Pennsylvania · 1902
- Rieseck v. LanahanSuperior Court of Pennsylvania · 1899
2 more not listed; retrieve them via the Exa API.