Quain's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of the county of Philadelphia. Andrew M. Quain, the decedent, died in August, 1850, without issue, leaving a widow and two brothers, viz.: Margaret Quain the appellant, William S. and Robert M. Quain. Letters of administration were granted to the widow and her brothers, who filed their account thereof. The account was referred to an auditor to adjust, and make distribution of the balance.
Read the full summary
Appeal from the decree of the Orphans’ Court of the county of Philadelphia. Andrew M. Quain, the decedent, died in August, 1850, without issue, leaving a widow and two brothers, viz.: Margaret Quain the appellant, William S. and Robert M. Quain. Letters of administration were granted to the widow and her brothers, who filed their account thereof. The account was referred to an auditor to adjust, and make distribution of the balance. Before the auditor, a claim for $187.50 was presented on behalf of Charles Norris and others, trustees, for 30 months’ arrears of ground-rent on a lot conveyed by…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
In the distribution of the estate of Andrew M. Quain, deceased, the Orphans’ Court allowed a claim for thirty months’ ground-rent of a lot granted to the decedent on perpetual lease, and which, on his death, descended to his heirs. One year of this rent became due in his lifetime, and was properly charged. The question relating to that which accrued afterwards is not so plain. ,
We are of opinion that the principle of Torr’s Estate, 2 Rawle 252, and also the principle of Callahan v. Dickinson, 19 State R. 227, exclude this part of the claim. .…
2Cases cited1 opinion
- Case of Torr's EstateSupreme Court of Pennsylvania · 1830
3Cited by6 opinions
- Huffman v. HuffmanSupreme Court of Pennsylvania · 1933
- Rushton v. LippincottSupreme Court of Pennsylvania · 1888
- In Re Estate of WishnickSupreme Court of Minnesota · 1937
- In re Girard Trust Co., Pennsylvania Court of Common Pleas, Philadelphia County1939
- Smith's EstatePennsylvania Orphans' Court, Philadelphia County · 1941
1 more not listed; retrieve them via the Exa API.