Legal Opinion

Collins's Appeal

Supreme Court of Pennsylvania

Decided January 11, 1883No. 21PublishedCited by 27 opinions

Appeal from the Orphans’ Court of Philadelphia county: Of July Term, 1882, No. 21. This was an appeal by Frederick Collins from a decree of said court in the matter of the distribution of the personal estate of Charles F. Hulse, deceased, in the hands of his executor, the said Frederick Collins.

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Appeal from the Orphans’ Court of Philadelphia county: Of July Term, 1882, No. 21. This was an appeal by Frederick Collins from a decree of said court in the matter of the distribution of the personal estate of Charles F. Hulse, deceased, in the hands of his executor, the said Frederick Collins. At the audit of the account of Frederick Collins, executor of the estate of Charles F. Hulse, deceased, before HaNNA, P. J., the fund for distribution in the hands of the accountant amounted to $23,705.44. This amount, with the exception of an inconsiderable sum, was realized solely from the interest…

1Opinion of the CourtJustice Green

If the instrument of 23d November, 1875, constituted a valid equitable pledge of the interest which produced the fund for distribution, the other contentions in the case become immaterial and will not require consideration. Of course there is no pretence of a legal lien, but a pledge in equity available to the pledgee, does not depend upon the considerations which are requisite to the creation of a lien at law. The chief objection'to the operation of the instrument in question as a pledge, is that “the thing proposed to be pledged, that is, Hulse’s interest in a partnership between him and…

2Cases cited2 opinions

  1. Mitchell v. WinslowU.S. Circuit Court for the District of Maine · 1843
  2. De Salvatore v. StateSupreme Court of Delaware · 1960

3Cited by27 opinions

  1. n.sidney Nyhus v. Travel Management CorporationCourt of Appeals for the D.C. Circuit · 1972
  2. International Electronics Co. v. N. S. T. Metal Products Co.Supreme Court of Pennsylvania · 1952
  3. Lancaster Co. Nat. Bank's AppealSupreme Court of Pennsylvania · 1931
  4. Newman v. Globe Indemnity Co.Supreme Court of Pennsylvania · 1923
  5. Union Trust Co. v. LongSupreme Court of Pennsylvania · 1932

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