Jacoby's Estate
Jacoby's Estate
Opinion of the Court
Opinion by
This case presents the same erroneous practice as Morton’s
It 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 Downs raised the precise question now involved in this appeal, but on suggestion by the court the exception was withdrawn and a petition presented by Mrs.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.
Reference
- Cited By
- 4 cases
- Status
- Published
- Syllabus
- Practice, orphans' court—Jurisdiction. The orphans’ court has no jurisdiction to entertain a petition, the purpose of which is merely to secure an advisory opinion as to the distribution of an estate passing'under a will. Where an exception is filed to an executor’s account in order to raise the question whether income is payable from date of testator’s dealh, or from the date of the decree of distribution, transferring the estate to a trustee, but the exception is withdrawn, and a petition is presented by the exceptant for an order on the trustee to pay over income, a decree in accordance with the petition will be reversed, but with leave to reinstate the exception.