Hegarty's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Clearfield county: In Equity: No. 136, to January Term 1873. The proceedings in this case were commenced by a bill filed May 31st 1870, by Henry Whiteside and Mary his wife in her right, James Hegarty, John M. Jordan, and Jane his wife in her right, and as assignee of George Hegarty, Henry Hegarty, Joseph Hegarty,'William Thomas and Isabella his wife, in her right, Mary Jane McCullough, Louis McCullough, Cortes Bell and Matilda his…
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Appeal from the Court of Common Pleas of Clearfield county: In Equity: No. 136, to January Term 1873. The proceedings in this case were commenced by a bill filed May 31st 1870, by Henry Whiteside and Mary his wife in her right, James Hegarty, John M. Jordan, and Jane his wife in her right, and as assignee of George Hegarty, Henry Hegarty, Joseph Hegarty,'William Thomas and Isabella his wife, in her right, Mary Jane McCullough, Louis McCullough, Cortes Bell and Matilda his wife, in her right, and Agnes Bell, against Samuel Hegarty in his own right, and as executor, &c., of Samuel Hegarty,…
1Opinion of the Court
The opinion of the court was delivered, July 2d 1874, by
Sharswood, J.
The first question which requires our consideration in this cause is whether the complainants in the bill filed below had any standing in court. They claimed as the heirs at law and next of kin of Samuel Hegarty, deceased, and as such entitled to a reversionary interest in the property in question. Their title depends upon whether they are or are not concluded by the probate of his will, and the lapse of five years without caveat and action at law under the Act of April 22d 1856, sect. 7 (Pamph. L. 533), from setting up the…
2Cases cited2 opinions
- Kingsport Foundry & MacHine Works, Inc. v. SheffeyTennessee Supreme Court · 1927
- M'Knight v. ReadSupreme Court of Pennsylvania · 1836
3Cited by26 opinions
- MacKenzie v. Union Guardian Trust Co.Michigan Supreme Court · 1933
- Carson's EstateSupreme Court of Pennsylvania · 1913
- Miller's EstateSupreme Court of Pennsylvania · 1894
- Rockett WillSupreme Court of Pennsylvania · 1943
- Arnold's EstateSupreme Court of Pennsylvania · 1915
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