Legal Opinion

Hise's Estate

Supreme Court of Pennsylvania

Decided May 15, 1836PublishedCited by 5 opinions

- APPEAL from tbe decree of the orphans’ court of York county. Jacob Hise and John Lowman, administrators of John Hise, filed an account of their administration of the estate, to which exceptions were filed, and the same were referred to auditors, who made a report, to which exceptions were again filed; and the same were again referred to other auditors, who made a report, which was confirmed by the orphans’ court.

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- APPEAL from tbe decree of the orphans’ court of York county. Jacob Hise and John Lowman, administrators of John Hise, filed an account of their administration of the estate, to which exceptions were filed, and the same were referred to auditors, who made a report, to which exceptions were again filed; and the same were again referred to other auditors, who made a report, which was confirmed by the orphans’ court. From this decree Jacob Smith, who was security for the administrators in a recognizance conditioned for the faithful performance of their duty in making sale of the real estate,…

1Opinion of the Court

The opinion of the Court was delivered by

Rogers, J.

Since the passageof the act of the 29th of March 1832, it has been repeatedly held, that the supreme court takes cognizance of appeals from the orphans’ court, as an appellate court strictly; and that a decree will not be reversed, but on an exception filed in the court from which the appeal is taken. And this is now the general rule. But the legislature, by a subsequent act, have vested in this court a discretionaiy power to hear and determine such appeals, according to the right and justice of the case. Under this section of the act of the…

2Cited by5 opinions

  1. In re the Estate of DyottSupreme Court of Pennsylvania · 1841
  2. Mylin's EstateSupreme Court of Pennsylvania · 1838
  3. Wood EstateSuperior Court of Pennsylvania · 1944
  4. In re Road in Branch TownshipSchuylkill County Court of Quarter Sessions · 1872
  5. Irwin's AppealSupreme Court of Pennsylvania · 1840

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