Jacoby's Estate

Decided January 6, 1902

Supreme Court of Pennsylvania · decided 1902-01-06

Appeal, No. 145, Oct. T., 1901, by Safe Deposit and Trust Company, from decree of O. C. Allegheny Co., Oct. T., 1901, No. 60, on petition for an order on a trustee in the Estate of George T. Jacoby. Petition for an order on a trustee to pay over money.

Good law ✅— No negative treatment on recordhow we know

Reversed · Decided 1902-01-06

How this case has been cited

Cited by 4 later decisions — most recently March 1970

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Opinion by

Mb. Justice Mitchell,

¶2This case presents the same erroneous practice as Morton’s *443Estate, ante, p. 269, and the decree must be reversed for the reasons there given.

¶3It appears however that in this case the executors had filed an account, and an exception to it by Mrs. Downs raised the precise question now involved in this appeal, but on suggestion by the court the exception was withdrawn and a petition presented by Mrs. Downs for an order on the trustee to pay certain income to her. On this petition the decree now appealed from was made. The proper practice would have been to decide the question on the exception to the account. In the present form there was no case before the court. The decree therefore is reversed and the petition directed to be dismissed, but with leave to reinstate the exceptions and for further proceedings as indicated in this opinion.