Legal Opinion

Allen's Estate

Superior Court of Pennsylvania

Decided April 21, 1902No. Appeal, No. 21PublishedCited by 2 opinions

Appeal, No. 21, Feb. T., 1902, by plaintiff, from decree of O. C. Tioga Co., April T., 1901, No. 50, directing the filing of an inventory and account in estate of Jean M. Allen. Petition for citation.

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Appeal, No. 21, Feb. T., 1902, by plaintiff, from decree of O. C. Tioga Co., April T., 1901, No. 50, directing the filing of an inventory and account in estate of Jean M. Allen. Petition for citation. The court entered the following decree : That the said Dyer J. Butts, executor and trustee of the estate of Jean M. Allen, deceased, shall make and file in the register’s office of Tioga county, within ninety days from this date a full, accurate and complete account of his transactions as such executor and trustee, and that the said Dyer J. Butts pay the costs of this proceeding. Error assigned…

1Opinion of the Court

Opinion by

William W. Porter, J.,

This appeal is taken from a decree of the orphans’ court requiring an executor and trustee to file an inventory and an account. The petitioner has admittedly, under the decedent’s will, an interest which gives her standing to require an account. The will relieves the executor from the duty of filing an inventory. The decree might well, in view of this direction, have been limited to an order for an account, since a proper accounting involves an exhibition of all of the testator’s assets. But the order made by the court is essentially interlocutory: Starr’s…

2Cases cited2 opinions

  1. Palethorp's EstateSupreme Court of Pennsylvania · 1894
  2. Estate of StarrSuperior Court of Pennsylvania · 1897

3Cited by2 opinions

  1. Parmer's EstateSupreme Court of Pennsylvania · 1912
  2. Tressler's EstateSupreme Court of Pennsylvania · 1910

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