Legal Opinion

Estate of Marshall

Supreme Court of Pennsylvania

Decided November 10, 1890No. Nos. 56-59PublishedCited by 14 opinions

APPEAL BY SECOND N. BANK EROM THE ORPHANS’ COURT OE ALLEGHENY COUNTY. Nos. 56-59 October Term 1890, Sup. Ct.; court below, Nos. 368-366 December Term 1888, O. C. On February 16, 1889, to No. 363 December Term 1888, of the court below, Anna Frances Marshall, a legatee under the will of James Marshall, deceased, filed her petition averring that James Marshall, Jr., who was one of the executors of said testator, being engaged in business individually under the name of James…

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APPEAL BY SECOND N. BANK EROM THE ORPHANS’ COURT OE ALLEGHENY COUNTY. Nos. 56-59 October Term 1890, Sup. Ct.; court below, Nos. 368-366 December Term 1888, O. C. On February 16, 1889, to No. 363 December Term 1888, of the court below, Anna Frances Marshall, a legatee under the will of James Marshall, deceased, filed her petition averring that James Marshall, Jr., who was one of the executors of said testator, being engaged in business individually under the name of James Marshall & Co., procured the discount of a certain note at the Second National Bant of Allegheny, for his own benefit and…

1Opinion of the Court

Pm Curiam :

These cases are important both as regards the principles and the amount involved. The main question, that of the jurisdiction, is settled by Odd Fellows Bank’s App., 123 Pa. 356, a case arising in the same estate as those above stated. In neither case was there any question of disputed title. In the case cited, the title was admitted in the estate of James Marshall by the demurrer; in these cases, the title was shown to be in the same estate : it appeared upon the face of the papers when they were unlawfully pledged for the firm debt of James Marshall & Co.; it was known at the…

2Cases cited1 opinion

  1. Appeal of the Odd Fellows Savings BankSupreme Court of Pennsylvania · 1889

3Cited by14 opinions

  1. Bennett v. Hibernia BankCalifornia Supreme Court · 1956
  2. Williams' EstateSupreme Court of Pennsylvania · 1912
  3. McGovern's EstateSupreme Court of Pennsylvania · 1936
  4. Pennsylvania Co. for Ins. v. Ninth Bk. T. Co.Supreme Court of Pennsylvania · 1931
  5. Hober's EstateSuperior Court of Pennsylvania · 1935

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