Purviance v. Commonwealth
Supreme Court of Pennsylvania
IN ERROR. Error to the Court of Common Pleas of Franklin county, where a verdict and judgment were rendered in favour of the plaintiff below, and defendant in error, the commonwealth, for John 2?.. Latimer, administrator of John Alexander, against Purviance, Crawford and others, .defendants below and plaintiffs in error. The case was tried before the associate judges of the court below.
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IN ERROR. Error to the Court of Common Pleas of Franklin county, where a verdict and judgment were rendered in favour of the plaintiff below, and defendant in error, the commonwealth, for John 2?.. Latimer, administrator of John Alexander, against Purviance, Crawford and others, .defendants below and plaintiffs in error. The case was tried before the associate judges of the court below. Scire facias to recover a share of the estate of John Alexander, who died in 1798. Plea nil debent. The share of the plaintiff was stated to be one tenth. On the 15th of September, 1800, the first…
1Opinion of the Court 1
The opinion of the court, Duncan, J., being absent, was delivered by
Gibson, C. J.
As the Orphans’ Court has jurisdiction of the subject matter of distribution, it may designate the parties entitled, *37and its decree will be conclusive. But so unusual is it to do so at the settlement, that I have never known an instance. The usual way is to confirm the account, stating the balance, where there is any, to be in the hands of the accountants, subject to distribution according to law. And this is the safest course where there is a doubt as to the persons entitled, because it leaves the matter open to…
Also in this document: Opinion of the Court · Gibson.
2Cited by1 opinion
- Rittenhouse v. LeveringSupreme Court of Pennsylvania · 1843