Krause's Estate

Philadelphia County Orphans' Court

Krause's Estate

24 Pa. D. & C. 711, 1935 Pa. Dist. & Cnty. Dec. LEXIS 323

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedDecember 6, 1935

Docketno. 1112

StatusPublished

This text of 24 Pa. D. & C. 711 (Krause's Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Krause's Estate, 24 Pa. D. & C. 711, 1935 Pa. Dist. & Cnty. Dec. LEXIS 323 (Pa. Super. Ct. 1935).

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Opinion

Stearne, J.,

This is a petition by a creditor of decedent (who holds as collateral for his loan certain stock certificates in the name of decedent) to show cause why the executrix of decedent’s estate should not perfect petitioner’s title to the stock by executing proper letters of attorney. An answer has been filed by a general creditor and by the executrix of the estate objecting to such action upon grounds specifically set forth therein. The petition and answer raise questions of law which require judicial determination.

An examination of the record discloses that petitioner is a nonresident and that the securities are not within this jurisdiction. If the prayer of the petition is granted, and it subsequently develops that petitioner is not entitled to the stock, this court would be powerless to enforce any decree which it might make in the premises. Petitioner refuses to deposit the stock or its proceeds within this Commonwealth and to submit himself to the jurisdiction of this court.

It is a familiar maxim in equity that “he who seeks equity must do equity.” See Bispham’s Principles of Equity (10th ed.) 73, sec. 43. Petitioner, therefore, may not seek the equity powers of this court in order to per-[712]*712feet his alleged title and, at the same time, refuse to submit himself to the jurisdiction of this court as to the ownership of the stock itself.

The petition is dismissed.

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Stearne, J.,

This is a petition by a creditor of decedent (who holds as collateral for his loan certain stock certificates in the name of decedent) to show cause why the executrix of decedent’s estate should not perfect petitioner’s title to the stock by executing proper letters of attorney. An answer has been filed by a general creditor and by the executrix of the estate objecting to such action upon grounds specifically set forth therein. The petition and answer raise questions of law which require judicial determination.

An examination of the record discloses that petitioner is a nonresident and that the securities are not within this jurisdiction. If the prayer of the petition is granted, and it subsequently develops that petitioner is not entitled to the stock, this court would be powerless to enforce any decree which it might make in the premises. Petitioner refuses to deposit the stock or its proceeds within this Commonwealth and to submit himself to the jurisdiction of this court.

It is a familiar maxim in equity that “he who seeks equity must do equity.” See Bispham’s Principles of Equity (10th ed.) 73, sec. 43. Petitioner, therefore, may not seek the equity powers of this court in order to per-[712]*712feet his alleged title and, at the same time, refuse to submit himself to the jurisdiction of this court as to the ownership of the stock itself.

The petition is dismissed.

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Bluebook (online)

24 Pa. D. & C. 711, 1935 Pa. Dist. & Cnty. Dec. LEXIS 323, Counsel Stack Legal Research, https://law.counselstack.com/opinion/krauses-estate-paorphctphilad-1935.