Cobaugh's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Somerset county, ordering distribution of proceeds of sale of real estate left by John Sutton, deceased. John Sutton died in 1828, and letters testamentary were issued to William King and John Cobaugh, two of the executors named in the will. Their first account was* filed in 1885, exhibiting a balance in their favor. In 1841 a second account was filed, showing a balance of above $500 in their favor.
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Appeal from the decree of the Orphans’ Court of Somerset county, ordering distribution of proceeds of sale of real estate left by John Sutton, deceased. John Sutton died in 1828, and letters testamentary were issued to William King and John Cobaugh, two of the executors named in the will. Their first account was* filed in 1885, exhibiting a balance in their favor. In 1841 a second account was filed, showing a balance of above $500 in their favor. In 1844 a third account was filed, stating a balance in their favor of above $600. In January, 1852, a fourth account was filed. To this account…
1Opinion of the Court
The opinion of the Court was delivered by
Black, C. J.
The executors of John Sutton, deceased, filed several accounts, the last one showing a balance due them of $277.31, a sum not so large as the aggregate of the commissions allowed them at different times. To pay this balance a sale of land was ordered, made, and confirmed. To distribute the proceeds the Court appointed an auditor, who appropriated $277.31 to the payment of the executors. But the Court set the report aside, and decreed all the money to the heirs on the ground that Sutton had died more than seven years before, and his debts…
2Cited by5 opinions
- Reynold's EstateSupreme Court of Pennsylvania · 1900
- Emerick's EstateSupreme Court of Pennsylvania · 1896
- Beyer v. KeylorSuperior Court of Pennsylvania · 1911
- Patchan Estate, Pennsylvania Court of Common Pleas, Fayette County1979
- Truby v. SteeleSuperior Court of Pennsylvania · 1911