Kennedy v. Wachsmuth
Kennedy v. Wachsmuth
Opinion of the Court
The question in this case, is, Whether a sale of the real estate of John C. Wells, esq., deceased, made by order of the Orphans’ Court of Philadelphia, was valid ?
It is contended, on the part of the defendant, that the Orphans’ Court had no pov\ er to make the order for sale, because the administrators of John C. Wells did not, previous to the said order, exhibit an account upon oath, of all the intestate’s debts, which had then come to their knowledge, as is required by the act of the 19th of JLpril, 1794, sect. 20. On inspecting the record of the Orphans’ Court, we find, that on the 14th of January, 1813, the administrators of Wells, (William Levis and Mary Weills,) petitioned for an order of sale of the. real estate, which was granted; and, in pursuance thereof, the estate was sold, and the sale confirmed by the court. At that time, no account of the debts of the intestate, verified b.y the oath of the administrators, appeared upon the record. But, on the 19th of March, 1822, the Orphans’ Court made an order, “that the record should be amended, !)? adding to the account exhibited by the administrators of John C. Wells, of all the intestate’s debts, the affirmation of William Levis, one of the administrators, as taken in court by the said Levis, at the time of exhibiting the said account, and before any order of sale, that the same is a just and time account of all the intestate’s debts, which had then come to the knowledge of the said administrator.” It cannot be doubted, that the court had power to order this amendment. The affirmation ought to have been recorded at the time it was made, and the not entering it of record, was no more than a clerical omission. • So long ago as the. year 1650, an
Judgment for the plaintiff.
Reference
- Full Case Name
- KENNEDY against WACHSMUTH
- Cited By
- 4 cases
- Status
- Published