Derr's Estate
Supreme Court of Pennsylvania
Appeal, No. 4, Jan. T., 1902, by plaintiff, from decree of O. C. Luzerne Co., No. 35 of 1885, refusing to set aside sale in Estate of Thompson Derr, Deceased. Petition to set aside sale and surcharge trustee. The facts are stated in the opinion of the Supreme Court. The court below entered a decree dismissing the petition. Error assigned was decree dismissing the petition.
1Opinion of the Court
Opinion by
Mr. Justice Brown,
The decree below, dismissing appellant’s petition, was on a demurrer filed to it by the appellees, and, on this appeal, we have nothing before us but its averments, admitted by the demurrer to be true. In their counter history of the case, the learned counsel for appellees call attention to certain facts regarded as material, but, as they do not appear in the petition, they ought not to be referred to and will not be considered.
The chief ground of complaint in the petition filed in the court below is the purchase by the trustees under the will of Thompson Derr,…
2Cited by1 opinion
- Streater's EstateSupreme Court of Pennsylvania · 1913