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· 11/9/1896

Estate of Hartzell

Citations

  • 178 Pa. 286
  • 35 A. 1051
  • 1896 Pa. LEXIS 1165

Syllabus

<p>Decedent's estates —Legacies charged on land — Remedy to enforce payment-jurisdiction of orphans' court — Act of February 24, 1834, sec. 59.</p> <p>Section 59 of the act of February 24, 1834, P. L. 84, vests the jurisdiction to enforce payment of a legacy charged on land exclusively in the orphans’ court, and the form of the remedy is by bill or petition by the legatee, and not by the executor: Hart v. Homiller, 20 Pa. 248; 23 Pa. 39, overruled, in so far as it relates to the question of practice.</p>

Judges: Dean, Fell, Green, McCollum, Mitchell, Sterrett, Williams

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