Irwin's Appeal
Supreme Court of Pennsylvania
This was an appeal from a decree of the Orphans’ Court of Chester County, in the matter of the settlement of the accounts of Elizabeth Irwin and Jonathan Worrell, administrators of the goods, &o., of Aaron Irwin, deceased, who was administrator of the goods, &c., of John Irwin, deceased.
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This was an appeal from a decree of the Orphans’ Court of Chester County, in the matter of the settlement of the accounts of Elizabeth Irwin and Jonathan Worrell, administrators of the goods, &o., of Aaron Irwin, deceased, who was administrator of the goods, &c., of John Irwin, deceased. The accounts of the administrators were settled on the 4th of February, 1839; by which they charged themselves with the sum of seventy-three dollars and twenty-five cents, being money with which the intestate charged himself in his lifetime, as the proceeds arising from the sale of cattle, which were of the…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
From Hise’s Appeal, (5 Watts, 157,) it appears, that in construing the act of 1832, giving the right of appeal from the decrees of the Orphans’ Court to the Supreme Court, it had been frequently ruled, that a decree of the former Court would only be reversed for an exception taken in that Court, and not for one taken for the first time in the Supreme Court, pending the appeal. And in that case, after the passage of the act of 1835, giving power to the Supreme Court in all cases of appeal from the definitive sentence or decree of the Orphans’…
2Cases cited2 opinions
- Mylin's EstateSupreme Court of Pennsylvania · 1838
- Hise's EstateSupreme Court of Pennsylvania · 1836