Smith's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia County : Of July Term, 1884, No. 32. Appeal of Charles E. Smith from a decree of the Orphans’ Court of Philadelphia County, in the matter of the distribution of the trust estate of Elizabeth T. Bunting, deceased. • Before the Auditing Judge, Hanna, P. J., the following facts appeared: Sarah Clark died in 1869, leaving a will bequeathing and devising a share in her residuary estate to her executors to sell and distribute the…
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Appeal from the Orphans’ Court of Philadelphia County : Of July Term, 1884, No. 32. Appeal of Charles E. Smith from a decree of the Orphans’ Court of Philadelphia County, in the matter of the distribution of the trust estate of Elizabeth T. Bunting, deceased. • Before the Auditing Judge, Hanna, P. J., the following facts appeared: Sarah Clark died in 1869, leaving a will bequeathing and devising a share in her residuary estate to her executors to sell and distribute the proceeds among the children of her sister, Elizabeth A. Bunting, and in trust as to the portion of Elizabeth T. Bunting, one…
1Opinion of the Court
The opinion of the Court was filed February 9th, 1885.
Pee Curiam.
There is no error in this decree. The right of amendment may be liberally allowed; but not to such an extent as to substantially change the cause of action: Royse v. May, 12 Norris, 454. It cannot be allowed so as to relate back to the commencement of the action, and thereby deprive a party of an intermediate vested right acquired by the Statute of Limitations or otherwise: Kille v. Ege, 1 Id., 102; Leeds v. Norris, 3 Id., 70; Duffey v. Houtz, 9 Out., 96. The fund or property now claimed was not attached when the rights of third…
2Cited by1 opinion
- Adkins v. PothSupreme Court of Pennsylvania · 1926