Estate of Hartzell
Supreme Court of Pennsylvania
Appeal, No. 167, Oct. T., 1896, by-George M. Hartzell, executor, from decree of O. C. Westmoreland Go., Nov. T., 1895, No. 82, dismissing petition of executor to enforce payment of legacy charged on land. Petition by executor to enforce payment of legacy charged upon land.
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Appeal, No. 167, Oct. T., 1896, by-George M. Hartzell, executor, from decree of O. C. Westmoreland Go., Nov. T., 1895, No. 82, dismissing petition of executor to enforce payment of legacy charged on land. Petition by executor to enforce payment of legacy charged upon land. This was a petition by George M. Hartzell, executor of George Hartzell, deceased, praying the court to issue a rule on John G. Ruoff to show cause why he should not pay to said petitioner the sum of $2,560, with interest, according to the terms and. conditions of the last will and testament of Geo. Hartzell, deceased, or to…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
The 59th section of the act of February 24, 1834, P. L. 84, vests the jurisdiction to enforce payment of a legacy charged on land in the orphans’ court, and the form of the remedy is by bill or petition by the legatee. The cases on this act are uniform and emphatic that the jurisdiction of the orphans’ court is exclusive. In the late case of Brotzman’s Appeal, 119 Pa. 645, it was so held, although there were questions of the sufficiency of provisions for complainant’s support, and the deprivation of privileges in the homestead, which are usually and most…
2Cases cited8 opinions
- Brotzman v. RiehlSupreme Court of Pennsylvania · 1888
- Hart v. Homiller'sSupreme Court of Pennsylvania · 1854
- Weiler's EstateSupreme Court of Pennsylvania · 1895
- Hart v. HomillerSupreme Court of Pennsylvania · 1853
- Knecht's AppealSupreme Court of Pennsylvania · 1872
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3Cited by3 opinions
- Beck v. BeiterSuperior Court of Pennsylvania · 1941
- Weller's EstateSupreme Court of Pennsylvania · 1915
- In re Estate of MoranSuperior Court of Pennsylvania · 1900