Briggs's Appeal
Supreme Court of Pennsylvania
THIS was an appeal by Caroline E. Briggs, administratrix of David M. Briggs deceased, who was the guardian of the minor children of Joseph Briggs deceased.
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THIS was an appeal by Caroline E. Briggs, administratrix of David M. Briggs deceased, who was the guardian of the minor children of Joseph Briggs deceased. An application was made the 4th of February 1835, to open this account and charge the estate of Joseph Briggs with the sum of 264 dollars 23 cents, with interest from the 11th of September 1817. The following petition and affidavit were made at the instance of Mary B. Knox, administratrix of Joseph Knox deceased, who was one of the administrators of David M. Briggs deceased. To the honourable the judges of the orphans’ court of Cumberland…
1Opinion of the Court
The opinion of the Court was delivered by
Sergeant, J.
The orphans’ court, in analogy to the practice of chancery, has power, by a proceeding on petition in nature of a bill of review, to correct an account, after confirmation, for errors apparent on its face, or new matter discovered since. Great injustice might take place if this power were denied them. At the same time, it is requisite that this discretion be exercised with great caution, and only within a reasonable time, otherwise accounts never would be at rest. In the case before us the remedy was sought on the ground of matter newly…
2Cited by2 opinions
- Stetson's EstateSupreme Court of Pennsylvania · 1931
- Kinter's AppealSupreme Court of Pennsylvania · 1869