Frey's Estate
Supreme Court of Pennsylvania
Appeal, No. 22, Jan. T., 1912, by Mary Nelson, from order of O. C. York Co., dismissing petition in the estate of Alexander J. Frey. Petition for leave to intervene in a petition for a citation upon a testamentary trustee. Before BittingER, P. J. The opinion of tbe Supreme Court states the case. Error assigned was in refusing to allow petitioner to become a party respondent.
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Appeal, No. 22, Jan. T., 1912, by Mary Nelson, from order of O. C. York Co., dismissing petition in the estate of Alexander J. Frey. Petition for leave to intervene in a petition for a citation upon a testamentary trustee. Before BittingER, P. J. The opinion of tbe Supreme Court states the case. Error assigned was in refusing to allow petitioner to become a party respondent. Mary Nelson submitted to tbe Orphans’ Court her petition averring that the bankruptcy trustees had, no interest in the testamentary trust, and asking to be made a party respondent so as to resist their move for an…
1Opinion of the Court
Opinion by
Mr. Justice Brown,
In asking that this appeal be quashed, counsel for appellees seem to think that it is from the decree directing an account to be filed by the testamentary trustee of the appellant. If it were from that decree, and the appellant had been heard in the proceedings in the court below leading up to it, the motion to quash would have to prevail, for a decree citing an executor or testamentary trustee to file an account is interlocutory, from Avhich no appeal lies: Palethorp’s Est., 160 Pa. 316. The appeal is not from the decree to file the account, but from the refusal…
2Cases cited2 opinions
- Henry v. Travelers' InsuranceSupreme Court of Colorado · 1891
- Palethorp's EstateSupreme Court of Pennsylvania · 1894
3Cited by30 opinions
- BORDEN v. BALDWINSupreme Court of Pennsylvania · 1971
- Capital Cities Media, Inc. v. TooleSupreme Court of Pennsylvania · 1984
- Stenger v. Lehigh Valley Hospital CenterSupreme Court of Pennsylvania · 1989
- Boise Cascade Corp. v. East Stroudsburg Savings Ass'nSuperior Court of Pennsylvania · 1982
- Commonwealth ex rel. Chidsey v. Keystone Mutual Casualty Co.Supreme Court of Pennsylvania · 1950
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