Thompson's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Lancaster county: Of January Term 1883, No. 272. Certiorari to said court, and an appeal by Josephine R. Thompson, legatee, and M. A. Ilerr and John Ralston, executors of William R. Ralston, deceased, from a decree confirming the report of an auditor appointed to make distribution of the balance in the hands of said executors. Win.
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Appeal from the Orphans’ Court of Lancaster county: Of January Term 1883, No. 272. Certiorari to said court, and an appeal by Josephine R. Thompson, legatee, and M. A. Ilerr and John Ralston, executors of William R. Ralston, deceased, from a decree confirming the report of an auditor appointed to make distribution of the balance in the hands of said executors. Win. R. Ralston, the testator, who died in May 1877, bequeathed to his daughter, Josephine R. Thompson, a legacy of $500. On November 10th 1877, Mrs. Thompson executed an assignment of the said legacy, with a power of attorney for…
1Opinion of the Court
.Mr. Justice Gordon
delivered the opinion of the court,
There was in this case no application to the court below to direct an issue, and if there had been the court might or might "not have entertained it as to it might seem proper .and expe*607dient. The Act of the 29th of March 1832, confers on the Orphans’ Court the power to direct an issue to the Common Pleas, but the exercise of tiiat power is left to the discretion of that court. Even should an issue be directed aud a verdict be had thereon, that verdict is no more binding upon the court than is an Auditor’s report. Whether the finding of…
2Cited by6 opinions
- Cross's EstateSupreme Court of Pennsylvania · 1923
- Appeal of AtkinsonSupreme Court of Pennsylvania · 1887
- Barnes's EstateSupreme Court of Pennsylvania · 1908
- In Re Est. of W.J. HartzellSuperior Court of Pennsylvania · 1932
- Schmidt's EstatePennsylvania Orphans' Court, Philadelphia County · 1933
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