Legal Opinion

Stutzman Estate

Supreme Court of Pennsylvania

Decided March 25, 1948No. Appeal, 52Published

1Opinion of the Court

Opinion by

Mr. Justice Allen M. Stearne,

Unravelling this tangled skein of fact, law and procedure, the single question presented is whether an orphans’ court properly removed an administrator de bonis non cum testamento annewo?

The administrator d. b. n. c. t. a. was a nonresident and claimed to be a creditor of an insolvent decedent. It was represented that his appointment was made in order to prosecute a claim on behalf of the insolvent estate against a debtor. Upon his appointment he instituted a suit in the United States District Court, which is pending. No issue has been framed, no trial…

2Cases cited10 opinions

  1. Erie Railroad v. TompkinsSupreme Court of the United States · 1938
  2. Gulf Oil Corp. v. GilbertSupreme Court of the United States · 1947
  3. Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
  4. Magnolia Petroleum Co. v. HuntSupreme Court of the United States · 1944
  5. Huddleston v. DwyerSupreme Court of the United States · 1944

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