Gotwald v. Small
Supreme Court of Pennsylvania
Appeal, No. 180, Jan. T., 1913, by defendant, from judgment of C. P. York Co., April T., 1913, No. 131, for plaintiff, on case stated in case of Julia Small Gotwald v. Henry Small, surviving executor of the last will and testament of David E. Small. Case stated to determine the character of plaintiff’s interest in the residuary estate of a decedent. Before Ross, J. The facts appear in Small, et al., v. Small, 212 Pa. 235, and in the opinion of the Supreme Court.
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Appeal, No. 180, Jan. T., 1913, by defendant, from judgment of C. P. York Co., April T., 1913, No. 131, for plaintiff, on case stated in case of Julia Small Gotwald v. Henry Small, surviving executor of the last will and testament of David E. Small. Case stated to determine the character of plaintiff’s interest in the residuary estate of a decedent. Before Ross, J. The facts appear in Small, et al., v. Small, 212 Pa. 235, and in the opinion of the Supreme Court. The court entered judgment for plaintiff. Defendant appealed. Error assigned was the judgment of the court.
1Opinion of the Court
Opinion by
Mr. Justice Potter,
In this appeal from a judgment entered in a case stated, it appears that the question raised in the court below related to the proper distribution of the residue of a decedent’s estate. It would seem, therefore, that the exclusive jurisdiction to determine the question here involved was in the Orphans’ Court. A common law action cannot be sustained against an executor or an administrator to recover a distributive share of the estate of a decedent: Whiteside v. Whiteside, 20 Pa. 473; Ashford v. Ewing, 25 Pa. 213; Black v. Black, 34 Pa. 354. In principle, however,…
2Cases cited4 opinions
- Whiteside v. WhitesideSupreme Court of Pennsylvania · 1853
- Black's v. Black's ExecutorsSupreme Court of Pennsylvania · 1859
- Ashford v. EwingSupreme Court of Pennsylvania · 1855
- Small v. SmallSupreme Court of Pennsylvania · 1913
3Cited by2 opinions
- Marcer v. WilsonSupreme Court of Pennsylvania · 1948
- Follweiler v. Pantazis, Pennsylvania Court of Common Pleas, Northampton County1951