Hutchinson v. Dennis
Supreme Court of Pennsylvania
Appeal, No. 198, Jan. T., 1906, by plaintiff, from decree of C. P. No. 3, Phila. Co., Dec. T., 1905, No. 3,228, dismissing bill in equity in case of Thomas Hutchinson v. Hugh Dennis and Margaret Dennis, his wife, and James Hutchinson and Margaret Hutchinson, his wife, and the Colonial Trust Company. Bill in equity to determine title to moneys deposited in a saving fund, to declare a trust in real estate and to cancel deeds.
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Appeal, No. 198, Jan. T., 1906, by plaintiff, from decree of C. P. No. 3, Phila. Co., Dec. T., 1905, No. 3,228, dismissing bill in equity in case of Thomas Hutchinson v. Hugh Dennis and Margaret Dennis, his wife, and James Hutchinson and Margaret Hutchinson, his wife, and the Colonial Trust Company. Bill in equity to determine title to moneys deposited in a saving fund, to declare a trust in real estate and to cancel deeds. The bill alleged: 1. That plaintiff’s wife died in 1905, and Margaret Dennis and James Hutchinson are their children. 2. Plaintiff can neither read nor write, and during…
1Opinion of the Court
Per Curiam,
The learned judge below rightly held that as to the money deposited in the saving funds in the name of the wife, the common pleas would have jurisdiction on a proper bill to determine that it was in fact the property of the husband. But the husband having taken out letters of administration on the wife’s estate and thereby possessed himself, “ got control ” of the money, he had brought himself within the jurisdiction of the orphans’ court and should have his title to the money adjudicated there.
The claim that the real estate in the wife’s name was in fact the complainant’s by…
2Cited by12 opinions
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- Mildren v. NyeSupreme Court of Pennsylvania · 1913
- Heller v. FishmanSupreme Court of Pennsylvania · 1924
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