Legal Opinion

Hartman's Estate

Superior Court of Pennsylvania

Decided March 1, 1912No. Appeal, No. 38PublishedCited by 2 opinions

Appeal, No. 38, Oct. T., 1911, by Elizabeth A. Bender, from decree of O. C. Lancaster Co., March T., 1909, No. 16, removing executrix in Estate of Sophia Hartman, deceased. Petition to remove executrix. Before Smith, P. J. The facts are stated in the opinion of*the Superior Court. Error assigned was decree dismissing executrix.

1Opinion of the Court

Opinion by

Morrison, J.,

We think the real question involved in this case is whether the orphans’ court can remove an executrix who refuses to sue her husband, when it is shown prima facie that he, as attorney and trustee of the testatrix, has received and not accounted for moneys of said testatrix notwithstanding the executrix’s account of the moneys she actually received and accounted for has been settled and adjudicated.

Sophia Hartman, the testatrix, had her home with her son-in-law, William K. Bender, in Lancaster county, for many years. On December 17, 1887, she appointed him her attorney…

2Cases cited6 opinions

  1. Cutler's EstateSupreme Court of Pennsylvania · 1909
  2. Weigley v. Coffman, Pennsylvania Court of Common Pleas, Philadelphia County1891
  3. Kellberg's AppealSupreme Court of Pennsylvania · 1878
  4. Estate of MillerPennsylvania Orphans' Court, Philadelphia County · 1890
  5. Schwilke's AppealSupreme Court of Pennsylvania · 1882

1 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Craig EstateSupreme Court of Pennsylvania · 1954
  2. In re Estate of AndrewsSuperior Court of Pennsylvania · 2014

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