Allen v. Allen's Ex'r
U.S. Circuit Court for the District of Western Pennsylvania
In equity. This -was a suit in equity at Pittsburgh, Allegheny county, in which the complainants set forth by their bill that one Allen, of that county, the testator of the defendants, being owner of a large real and personal estate, died, having made by his last will certain annuities, bequests and devises, seme out and out, and several in trust.
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In equity. This -was a suit in equity at Pittsburgh, Allegheny county, in which the complainants set forth by their bill that one Allen, of that county, the testator of the defendants, being owner of a large real and personal estate, died, having made by his last will certain annuities, bequests and devises, seme out and out, and several in trust. Then averring themselves to be interested under the will, and showing that they were on the grounds of alienage, &c., entitled to sue in the federal courts, they prayed that the rights of themselves and all parties might be ascertained and declared…
1Opinion of the Court
GRIER, Circuit Justice.
It is not disputed that the plaintiffs have a right under the constitution and laws of the United States to come into this court for relief, nor that the relief sought is such as a court of equity administers; but it is alleged that by the law of Pennsylvania, the orphans’ court having exclusive cognizance of these matters, the defendant could not be impleaded, except before the judge of that court. This is no doubt true as between the various courts of Pennsylvania. Their courts of common law jurisdiction, whether criminal or civil, could not give the remedy sought for…
2Cases cited1 opinion
- White v. BrownU.S. Circuit Court for the District of Eastern Pennsylvania · 1848