In re Estate of Rist

Supreme Court of Pennsylvania May 23, 1899

In re Estate of Rist, 192 Pa. 24 (Pa. 1899)

43 A. 407; 1899 Pa. LEXIS 874

Dean, Fell, McCollum, Mitchell, Sterrett

Opinion of the Court

Per Curiam,

In the court below, this proceeding was commenced by presentation of a petition, signed by the appellants and another, praying for a citation to appellee, as trustee, etc., to file an account. The citation was issued and appellee appeared and filed his answer, and an issue was formed by replication thereto. The matter was so proceeded in that on January 9,1899, for reasons given in the opinion of the orphans’ court, then filed, the proceedings were “dismissed at the costs of the petitioners.” Hence this appeal by two of them.

*32A careful examination of the record has satisfied us that there is no error therein that would justify us in sustaining either of the specifications of error. We find no question in any of them that requires discussion.

The correctness of the decree, dismissing the proceedings, is sufficiently vindicated in the opinion referred to, and on it the decree is affirmed and the appeal dismissed at appellant’s costs.

Reference

Full Case Name: In re Estate of Peter Rist. Sarah Murray and Ann G. Synder v. W. H. Playford
Cited By: 2 cases
Status: Published
Syllabus: Trust and trustees—Citation to account—Laches. Laches will bar a suitor of his remedy as effectually as the statute of limitations, and for the same reason, his own inaction raising the identical presumption which the law raises, one of a mere lapse of time. A petition for accounting by a trustee, made after lapse of twenty-two years, will be refused, a settlement being alleged of which petitioners had full knowledge during all that period, and in the mean time similar proceedings were had and abandoned.