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201 Pa. 590

Samson's Estate

Supreme Court of Pennsylvania

Decided February 24, 1902

Supreme Court of Pennsylvania · decided 1902-02-24

<p>Appeal, No. 347, Jan. T., 1901, by Almira Gibbs, Charles H. Samson, William W. Samson and Sallie S. Zacherle, from decree of O. C. Phila. Co., April T., 1900, No. 99, dismissing exceptions to adjudication in Estate of Benjamin P. Samson and Anna W. Samson, Deceased.</p> <p>Exceptions to adjudication.</p> <p>Error assigned was decree dismissing exceptions to adjudication.</p>

Good law ✅— No negative treatment on recordhow we know

Remitted to Superior Court · Decided 1902-02-24

How this case has been cited

Cited by 5 later decisions — most recently March 1934

5 state decisions

201902191019201930decided

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

Mr. Justice Fell,

¶2The question at the audit was whether a separate use trust was created by the testator’s will. The fund was $3,860.57, a part of which was income. The principal was awarded in equal fifth parts, two shares to the sons, and three shares to the accountants in trust for the daughters, and the income in equal shares to the five children. The appeal is by the sons, who have no apparent interest in the matter, and two daughters, who claim that the award should be made directly to them. By no possibility can the separate interest of any of the appellants amount to enough to give this court jurisdiction. It is the separate interest that determines the right of appeal to this court. The Act of May 5, 1899, P. L. 248, gives jurisdiction to the Superior Court in case of “ any single claim, any dispute, distribution, or other proceedings in the orphans’ court if the subject-matter of the controversy be either money, chattels, real or personal, or the possession of the title to real property, and also if the amount or value thereof really in controversy in such single claim, dispute, or other proceeding be not greater than $1,500, exclusive of costs.” This jurisdiction cannot be taken away by lumping the claims of different appellants. It is ordered that the appeal be remitted to the Superior Court.

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