Tome's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Yorh county. This was an appeal by Elias Tome from the decree of the Orphans’ Court of York county, directing that he be recommitted to the county prison.
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Appeal from the Orphans’ Court of Yorh county. This was an appeal by Elias Tome from the decree of the Orphans’ Court of York county, directing that he be recommitted to the county prison. The case was this: — ■ Elias Tome, the appellant, who was one of the executors of Veronica Gable, deceased, filed his first separate account, which was presented to the Orphans’ Court on the 18th day of March 1859, and, after being referred to an auditor, the balance thereon was adjusted at $6488.35, and, on the same day, a distribution of that balance among the legatees was decreed by the Orphans’ Court.…
1Opinion of the Court
The opinion of the court was delivered, by
Agnew, J.
The distinguishing feature of this case, scarcely noticed in the argument of the appellant, is the nature of the original decree under which the proceedings complained of arose: Elias Tome, one of the executors of the will of Veronica Gable, had undertaken the performance of his trust, and- thereby come into possession of the effects of the estate. Having failed to give the security required of him by the Orphans’ Court for some breach of duty which we are now bound to believe that court found correctly had taken place, he was dismissed from…
2Cases cited1 opinion
- Tams v. WardleSupreme Court of Pennsylvania · 1843
3Cited by18 opinions
- Commonwealth v. PerkinsSupreme Court of Pennsylvania · 1889
- Commonwealth Ex Rel. Di Giacomo v. HestonSupreme Court of Pennsylvania · 1928
- Scranton City v. Peoples Coal Co.Supreme Court of Pennsylvania · 1922
- Messmore's EstateSupreme Court of Pennsylvania · 1928
- Commonwealth ex rel. Lieberum v. LewisSupreme Court of Pennsylvania · 1916
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