Legal Opinion

Ex parte Plitt

U.S. Circuit Court for the District of Eastern Pennsylvania

Decided December 1, 1853PublishedCited by 14 opinions

Two cases in previous parts of these Reports (White v. Brown [Case No. 17,538], and Aspden’s Estate [Id. 5S9]) give an account of Mathias Aspden and his estate.

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Two cases in previous parts of these Reports (White v. Brown [Case No. 17,538], and Aspden’s Estate [Id. 5S9]) give an account of Mathias Aspden and his estate. This man was a bachelor of selfish, secluded, and ridiculous habits, and indeed of rather doubtful sanity, who, bom in Pennsylvania prior to the Revolution, left the country on that event, and after an unsettled and strange life, died in London, in 1824, leaving a large personal estate to his “heir-at-law,” or “lawful heir.” A variety of circumstances connected with a very doubtful place of domicil, and with questions of fact and of…

1Opinion of the Court

KANE, District Judge.

The estate which has been the subject of litigation, remains in the hands of the administrator. There has been no order that the fund, or the residue of it, should be paid into court. It is therefore, as it has been, a fund subject to our decree, but not in our registry; within the judicial control, but over which that control is yet to be exercised. It is not moneys “deposited” in court, or moneys “received, kept, and to be paid out” by the clerk. That officer has, therefore, no claim upon it, under either the former or the present fee bill, of the sort which has been…

2Cases cited4 opinions

  1. Talcott v. Bronson & BronsonNew York Court of Chancery · 1834
  2. Pinder v. MorrisNew York Supreme Court · 1805
  3. Rogers v. RossNew York Court of Chancery · 1820
  4. Mason v. CodwiseNew York Court of Chancery · 1822

3Cited by14 opinions

  1. Trustees v. GreenoughSupreme Court of the United States · 1882
  2. Lynde v. LyndeSupreme Court of New Jersey · 1902
  3. Swift v. JacksonCourt of Appeals for the Tenth Circuit · 1930
  4. Thomas v. Chicago & C. S. Ry. Co.U.S. Circuit Court for the District of Eastern Michigan · 1889
  5. Coy v. PerkinsU.S. Circuit Court for the District of Massachusetts · 1882

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