Henry's Estate
Superior Court of Pennsylvania
Appeal, No. 126, April T., 1912, by D. N. Postlewaite, from decree of O. C. Jefferson Co., April T., 1912, No. 37, removing executor in Estate of Silas Clark Henry, deceased. Petition for removal of executor. Reed, P. J., filed the following opinion: This is an application under the Act of May 1, 1861, P. L. 680, to vacate letters testamentary granted to a nonresident of the state and to remove the executor to whom such letters were granted.
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Appeal, No. 126, April T., 1912, by D. N. Postlewaite, from decree of O. C. Jefferson Co., April T., 1912, No. 37, removing executor in Estate of Silas Clark Henry, deceased. Petition for removal of executor. Reed, P. J., filed the following opinion: This is an application under the Act of May 1, 1861, P. L. 680, to vacate letters testamentary granted to a nonresident of the state and to remove the executor to whom such letters were granted. There has been no answer filed to this petition, and the questions for determination have been submitted on the facts therein stated, and on a motion…
1Opinion of the Court
Opinion by
Henderson, J.,
The petitioner is the sole devisee and legatee under the will of Silas Clark Henry. The appellant was appointed executor and letters testamentary were duly issued to him after the will was probated. The reasons suggested for his removal were that he is not a resident of the state of Pennsylvania, and did not qualify by filing a bond and obtaining leave of court to take out letters, and that he holds an account against the estate a large part of which is disputed. As set forth in the executor’s petition for the sale of real estate the personal property amounted to…
2Cases cited4 opinions
- Ellmaker's EstateSupreme Court of Pennsylvania · 1835
- Kellberg's AppealSupreme Court of Pennsylvania · 1878
- Sharpless's EstateSupreme Court of Pennsylvania · 1904
- Hill v. WhitesideSupreme Court of Pennsylvania · 1912
3Cited by7 opinions
- Donsavage EstateSupreme Court of Pennsylvania · 1966
- In Re Estate of PitoneSupreme Court of Pennsylvania · 1980
- Rafferty EstateSupreme Court of Pennsylvania · 1954
- Purman's EstateSupreme Court of Pennsylvania · 1939
- Finney EstatePennsylvania Orphans' Court, Philadelphia County · 1956
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