Legal Opinion

Smith v. Black

Supreme Court of Pennsylvania

Decided July 1, 1848PublishedCited by 2 opinions

Appeal from the Orphans’ Court of "Washington. The legatees of Black filed a petition against- his executors, among other things charging that they were wasting the assets, and praying a decree for payment of the legacies. The court dismissed the petition, because they had no jurisdiction as to part of the matters stated, and because the rest of petition had already been passed upon.

1Per curiam

The subject of the appellant’s petition was clearly within the jurisdiction of the court, and it ought to have been entertained. At least a part of the matter charged was proper to be answered, and only by the executors after they had been brought in. To the rest, they might perhaps have demurred. But the court ought not to have arrested the proceeding in the first instance; for the citation was as much a matter of right as a subpoena in chancery. Besides, the court could not be judicially informed, in the first instance, that a part of the matter had already been adjudicated. A judge could…

2Cited by2 opinions

  1. Estate of Edward Winslow Taylor Inter Vivos TrustSuperior Court of Pennsylvania · 2017
  2. Krug v. KellerSuperior Court of Pennsylvania · 1898

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