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Weekly notes of cases argued and determined in the Supreme Court of Pennsylvania, the County courts of Philadelphia, and the United States District ... the Eastern district of Pennsylvania Volume 4 - Tapa blanda
Sinopsis
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 Excerpt: ...apply, his failure to appear before the auditor after notice would bar him. The Orphans' Conrt has jurisdiction in the distribution of a decedent's estates over all those who have custody of its funds. Hainmett's Appeal, 3 Weekly Notes, 416. June 11, 1877. The Court. The Court below undoubtedly had jurisdiction to surcharge the administrator with the money on deposit in the Harrisburg National Bank, as part of tb3 estate of II. Ross Roberts. Whether it wa3 right under the circumstauces to do so is a question which is not before us on this appeal, anil upon which, therefore, no opinion is expressed. But the decree below went much further, and directed that "the Harrisburg National Bank pay the said money so deposited as aforesaid into this court, and that upon such payment the said bank be discharged from all further liability to Samuel A. Foote, guardian, or to any other claimant of the same, or any part thereof, and I further order and decree that upon payment of said money into court, the same be paid over to the said administrator for distribution according to law." We are of opinion that in this part of the decree the Court transcended their power. It appears that the fnnd in question was the balance of an insurance on his own life, effected by the decedent and made payable to him, his executors, administrators, or assigns. lie had assigned the policy in his lifetime to a firm as collateral security for some indebtedness. They had received the amount from the insurance company, and after paying their debt there remained in their hands the sum of $7251.78. Claim was made to this balance by Samuel A. Foote, of Geneva, New York, who had been appointed by the Surrogate Court of Ontario County, in that State, guardian of decedent's minor children, ...
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Reseña del editor
This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 Excerpt: ...apply, his failure to appear before the auditor after notice would bar him. The Orphans' Conrt has jurisdiction in the distribution of a decedent's estates over all those who have custody of its funds. Hainmett's Appeal, 3 Weekly Notes, 416. June 11, 1877. The Court. The Court below undoubtedly had jurisdiction to surcharge the administrator with the money on deposit in the Harrisburg National Bank, as part of tb3 estate of II. Ross Roberts. Whether it wa3 right under the circumstauces to do so is a question which is not before us on this appeal, anil upon which, therefore, no opinion is expressed. But the decree below went much further, and directed that "the Harrisburg National Bank pay the said money so deposited as aforesaid into this court, and that upon such payment the said bank be discharged from all further liability to Samuel A. Foote, guardian, or to any other claimant of the same, or any part thereof, and I further order and decree that upon payment of said money into court, the same be paid over to the said administrator for distribution according to law." We are of opinion that in this part of the decree the Court transcended their power. It appears that the fnnd in question was the balance of an insurance on his own life, effected by the decedent and made payable to him, his executors, administrators, or assigns. lie had assigned the policy in his lifetime to a firm as collateral security for some indebtedness. They had received the amount from the insurance company, and after paying their debt there remained in their hands the sum of $7251.78. Claim was made to this balance by Samuel A. Foote, of Geneva, New York, who had been appointed by the Surrogate Court of Ontario County, in that State, guardian of decedent's minor children, ...
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