Public-domain · open source
OpenJurist

109 Pa. 383

Simpson's Appeal

Supreme Court of Pennsylvania

Decided April 6, 1885

Supreme Court of Pennsylvania · decided 1885-04-06

168. This was the appeal of Alexander Simpson, Jr., trustee, from a decree of said court refusing to compel payment to him by tlie Fidelity Insurance Trust and Safe Deposit Company, administrator of the' estate of John G. Pusey, deceased, of the sum awarded to him, as trustee, in the adjudication on the account of said administrator, and decree of distribution thereon.

Cited by 2 later decisions — most recently March 1954

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1885-04-06

View the full empirical analysis of this case →

¶1The opinion of the court was filed

Per Curiam.

¶2The appellant as trustee of the widow, seeks to recover from the administrator of the decedent within a year after his death, the sum decreed to her, without giving a refunding bond.

¶3The court was right in refusing to make the desired order. A payment although under the decree of distribution at such time, might not protect the administrator: Pry’s Appeal, 8

¶4Watts, 253. Within the sphere of its jurisdiction the Orphans’ Court has all the power of a court of equity: Culbertson's Appeal, 26 P. F. S., 145. It has undoubted jurisdiction over this fund. The Act of 24th February, 1834, declares no administrator shall be compelled to make distribution of the goods of an intestate until one year has fully expired after the granting of letters of administration on the estate.

¶5Decree affirmed and appeal dismissed at the cost of the appellant.

/109/pa/383 · .json · Public domain