Smith's Appeal

Decided February 9, 1885

Supreme Court of Pennsylvania · decided 1885-02-09

32. Appeal of Charles E. Smith from a decree of the Orphans’ Court of Philadelphia County, in the matter of the distribution of the trust estate of Elizabeth T. Bunting, deceased. • Before the Auditing Judge, Hanna, P. J., the following facts appeared: Sarah Clark died in 1869, leaving a will bequeathing and devising a share in her residuary estate to her executors to sell and distribute the proceeds among the children of her sister, Elizabeth A. Bunting, and in trust as to…

Cited by 1 later decisions — most recently May 1926

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1885-02-09

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¶1The opinion of the Court was filed February 9th, 1885.

Pee Curiam.

¶2There is no error in this decree. The right of amendment may be liberally allowed; but not to such an extent as to substantially change the cause of action: Royse v. May, 12 Norris, 454. It cannot be allowed so as to relate back to the commencement of the action, and thereby deprive a party of an intermediate vested right acquired by the Statute of Limitations or otherwise: Kille v. Ege, 1 Id., 102; Leeds v. Norris, 3 Id., 70; Duffey v. Houtz, 9 Out., 96. The fund or property now claimed was not attached when the rights of third persons became vested. No amendment could be allowed to divest those rights.

¶3Decree affirmed and appeal dismissed at the costs of the appellants.