Boger's Appeal
Supreme Court of Pennsylvania
From the Orphans’ Court of Lebanon. The petition of Boger et al. set forth, that Boger devised certain land to his son Joseph, subject to the payment of one-third of the valuation, to be fixed by three men, to be appointed by his executors, 'which third was bequeathed to the petitioners.
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From the Orphans’ Court of Lebanon. The petition of Boger et al. set forth, that Boger devised certain land to his son Joseph, subject to the payment of one-third of the valuation, to be fixed by three men, to be appointed by his executors, 'which third was bequeathed to the petitioners. That appraisers were appointed by the executors, who valued the land at $6,636, and from this they had deducted $3,331, being the amount of the testator’s debts, alleged to have been paid by the devisee. A rule was prayed to show cause, why the appraisement should not be set aside so far as respects the…
1Opinion of the CourtCoulter, J.
Suitors in the temple of justice must enter at the door, and not clamber over the wall. There was no record in the Orphans’ Court, no proceedings instituted or pending there, to'be rectified or reformed, upon which the rule to show cause would legitimately operate. The whole proceeding in regard to the valuation was in another forum; a forum of special jurisdiction, created by the testator himself in his last will. The Orphans’ Court, doubtless, for sufficient cause, and when their intervention is invoked in the proper manner, may declare their proceedings void, and do ample justice to the…
2Cases cited1 opinion
- Pray v. BeltSupreme Court of the United States · 1828
3Cited by2 opinions
- Ludwick's EstateSupreme Court of Pennsylvania · 1917
- Freeman's EstatePennsylvania Orphans' Court, Philadelphia County · 1926