President of the Orphans Court of Dauphin County ex rel. Groff v. Groff
Supreme Court of Pennsylvania
IN ERROR. On a writ of error to the District Court of Dauphin county^ it appeared that this was an action brought upon a recognizance given by the. defendants in error, who were also defendants below, to the President of the Orphans’ Court of Dauphin county, under the following circumstances: Jonas Groff, made his last will and testament, and among other things directed, — that when his son Henry arrived at the age of 21 years, a certain place mentioned in his will, should…
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IN ERROR. On a writ of error to the District Court of Dauphin county^ it appeared that this was an action brought upon a recognizance given by the. defendants in error, who were also defendants below, to the President of the Orphans’ Court of Dauphin county, under the following circumstances: Jonas Groff, made his last will and testament, and among other things directed, — that when his son Henry arrived at the age of 21 years, a certain place mentioned in his will, should be appraised, and that if his son Henry chose to take the place at the appraisment, he might do so, upon giving security…
1Opinion of the CourtRogers, J.
(after stating the case) delivered the opinion of the court as follows:
The more correct manner of introducing the first question for consideration, would have been, by a plea of nul tiel record. The question, however fairly arises on the face of the record; which is, whether any suit can be sustained, on the recognizance taken in. the Orphans’ Court, under the circumstances'stated? The inquest and appraisement were in pursuance of the directions of an act of assembly, relating solely to intestates, and not to cases of testacy. The Orphan’s Court has never been considered a court of general…
2Cases cited3 opinions
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- Lessee of Snyder v. SnyderSupreme Court of Pennsylvania · 1814
- Case of RichardsSupreme Court of Pennsylvania · 1821
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