Legal Opinion

Middleby's Estate

Supreme Court of Pennsylvania

Decided June 27, 1913No. Appeal, No. 43PublishedCited by 3 opinions

Appeal, No. 43, Jan. T., 1913, by Jeremiah J. McCarthy, from decree of O. C. Berks Co., June T., 1912, No. 33, dismissing Jeremiah J. McCarthy as ancillary executor of Estate of Joseph Middleby, deceased. Citation to show cause why an ancillary executor should not be dismissed.

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Appeal, No. 43, Jan. T., 1913, by Jeremiah J. McCarthy, from decree of O. C. Berks Co., June T., 1912, No. 33, dismissing Jeremiah J. McCarthy as ancillary executor of Estate of Joseph Middleby, deceased. Citation to show cause why an ancillary executor should not be dismissed. Before Bland, P. J. From the record it appeared that Jeremiah J. McCarthy and Milton A. Gherst were ancillary executors of the estate of Joseph Middleby, deceased; McCarthy was a resident of Massachusetts, Gherst of Pennsylvania. The executors in accordance with the provisions of the : will of Joseph Middleby,…

1Opinion of the Court

Pee Cubiam,

No error was committed in refusing a commission to take the deposition of the appellant. He was, as the court below correctly said in denying the motion for the commission, a party to the record, and, for the purpose of the estate, within the jurisdiction of the court. Nor was there error in admitting in evidence the record of the proceeding in equity between Gherst, ancillary executor, and Nystrom, for, though the appellant was no party to that proceeding, he had written, on August 10, 1912, to William J. Rourke, Esq., his attorney, as follows : “I should like you to advise Mr.…

2Cited by3 opinions

  1. Garrett's EstateSupreme Court of Pennsylvania · 1939
  2. Commonwealth v. GregorySupreme Court of Pennsylvania · 1918
  3. Beishline v. Tatterfield, Pennsylvania Court of Common Pleas, Northampton County1934

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