Gilliland v. Bredin
Supreme Court of Pennsylvania
Error to the Court of Common Pleas of Lawrence county: No. 77, to October and November Term 1869. This was an action of debt commenced, August 2d 1860, by Maria Bredin against Robert Gilliland and Joseph Morrison, executors, &c., of Josiah Hutchman, deceased. The action was for a legacy under the will of Margaret A. Hutchman, the wife of Josiah Hutchman, the above-named decedent.
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Error to the Court of Common Pleas of Lawrence county: No. 77, to October and November Term 1869. This was an action of debt commenced, August 2d 1860, by Maria Bredin against Robert Gilliland and Joseph Morrison, executors, &c., of Josiah Hutchman, deceased. The action was for a legacy under the will of Margaret A. Hutchman, the wife of Josiah Hutchman, the above-named decedent. The will of Mrs. Hutchman was dated April 2d 1849, and directed amongst other things as follows:— “ It is my will that if Esther Maria Bredin shall continue under the direction of my husband, Josiah Hutchman, until…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
Agnew, J. —
That a legacy can be sued for in the Common Pleas, is a matter of express legislation. Act 24th February 1834, § 50. The mode of proceeding is regulated by the six sections following: On a plea of want of assets, the case goes into the Orphans’ Court, for an account, the action of the Common Pleas being, meanwhile, suspended. It is only when the legacy is charged on real estate, and the purpose is to enforce the charge, the jurisdiction of the Orphans’ Court is exclusive. The opening of the judgment will not be inquired…
2Cases cited3 opinions
- Moore v. SmithSupreme Court of Pennsylvania · 1840
- Commonwealth v. StroheckerSupreme Court of Pennsylvania · 1840
- Lamb v. LambSupreme Court of Pennsylvania · 1839
3Cited by11 opinions
- Thompson's EstateSupreme Court of Pennsylvania · 1931
- Adams v. JohnsonSupreme Court of Pennsylvania · 1910
- Devlin's Trust EstateSupreme Court of Pennsylvania · 1925
- Gunning's EstateSupreme Court of Pennsylvania · 1912
- Kingsdorf v. Frank Gamburg, Inc.Superior Court of Pennsylvania · 1941
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