Wapples's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Centre county: No. 5, to May Term 1873. The proceedings in this case arose under the will of John Porter, of the borough of Northumberland, in the county of Northumberland, deceased. The will was dated November 19th, 1850; the testator died in March 1851. The will was proved in Northumberland county, on the 24th of the same month, and letters testamentary granted to David Brantigam and William H. Wapples, the executors named in it.
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Appeal from the Court of Common Pleas of Centre county: No. 5, to May Term 1873. The proceedings in this case arose under the will of John Porter, of the borough of Northumberland, in the county of Northumberland, deceased. The will was dated November 19th, 1850; the testator died in March 1851. The will was proved in Northumberland county, on the 24th of the same month, and letters testamentary granted to David Brantigam and William H. Wapples, the executors named in it. Amongst other things, the will made the following bequest:— “ I give and bequeath, for the sole use and benefit of the…
1Opinion of the Court
The opinion of the court was delivered, July 2d 1873, by
Mercur, J. —
We see no error in permitting the mortgagors to pay into court the amount due upon the mortgage, and in ordering satisfaction to be entered upon the mortgage. The sum paid was the full amount claimed by the appellant, and he was in no wise prejudiced by its payment.
When, however, the court went further; when, against • the protest of the mortgagee, the court ordered the money to be invested in the name, and for the benefit of a third party, it exceeded its powers. It had no such jurisdiction over the trustee, nor over the…
2Cases cited1 opinion
- Innes's EstateSupreme Court of Pennsylvania · 1839
3Cited by4 opinions
- Wilson v. Board of Directors of City TrustsSupreme Court of Pennsylvania · 1936
- Dewald v. BerkheiserSuperior Court of Pennsylvania · 1902
- Evans EstatePennsylvania Orphans' Court, Chester County · 1958
- Mauser v. Lerch, Pennsylvania Court of Common Pleas, Lehigh County1925