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2 Sadler 152

Miller v. Commonwealth

Supreme Court of Pennsylvania

Decided April 5, 1886

Supreme Court of Pennsylvania · decided 1886-04-05

E. W. Eussell, who was tbe administrator of the estate of Jacob DeWitt, sold lands of the deceased, by order of the court, to his brother, C. S. Russell, for the sum of $4,950. C. S. Russell gave his individual note to the administrator for the amount of this sale. The following indorsements appear upon the back of the note: Received, January 22, 1875, $5,023.63, preferred claim as allowed by Towanda. Court to C. S. Russell, to apply on within. M. W, DeWitt, Administrator.

Affirmed · Decided 1886-04-05

Per Curiam:

¶1The jurisdiction of the orphans’ court over this claim in contention and the impropriety of attempting to assert it in the common pleas are correctly stated in the opinion of the learned judge on discharging the rule to show cause why a new trial should not be granted.

¶2On that opinion the judgment is affirmed.

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