Legal Opinion

Ellison's Estate

Supreme Court of Pennsylvania

Decided October 1, 1894No. Appeal, No. 109PublishedCited by 1 opinion

Appeal, No. 109, July T., 1893, from decree of O. C. Phila. Co., April T., 1881, No. 230, sustaining demurrer to petition for citation. Petition for citation. The petition of appellant, filed April 3, 1893, averred: “ John B. Ellison died in the city of Philadelphia on March 7, 1865, leaving a last will bearing date May 30, 1864, a copy of which is hereunto attached.

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Appeal, No. 109, July T., 1893, from decree of O. C. Phila. Co., April T., 1881, No. 230, sustaining demurrer to petition for citation. Petition for citation. The petition of appellant, filed April 3, 1893, averred: “ John B. Ellison died in the city of Philadelphia on March 7, 1865, leaving a last will bearing date May 30, 1864, a copy of which is hereunto attached. Letters testamentary upon the estate were duly granted by the register of wills of Philadelphia county to Rodman B. Ellison and William P. Ellison. “ The said executors- entered upon their duties and continued to act as executors…

1Opinion of the Court

Opinion by

Mr. Chief Justice Sterrett,

The facts upon which appellant’s prayers for a citation and relief are grounded are fully set forth in her petition and need not-be repeated.

It is stated in the opinion of the court below, that the plea and answer filed by appellees were withdrawn by agreement, and the general demurrer, on which the case was heard and disposed of, was substituted. As the learned judge correctly says: “The facts set out in the petition, being thus accepted as verities, raise the single point whether they place the petitioner in a position to demand relief; ” and then, for…

2Cited by1 opinion

  1. Moore v. ClappSupreme Court of Louisiana · 1884

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