Estate of Hain
Supreme Court of Pennsylvania
Appeal, No. 280, Jan. T., 1895, by J. Henry Bennetch, from order of C. P. Berks Co., April T., 1887, No. 148, dismissing exceptions to report of auditor on account of Adam L. Hain, committee of Albert J. Hain, a lunatic. Exceptions to auditor’s report.
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Appeal, No. 280, Jan. T., 1895, by J. Henry Bennetch, from order of C. P. Berks Co., April T., 1887, No. 148, dismissing exceptions to report of auditor on account of Adam L. Hain, committee of Albert J. Hain, a lunatic. Exceptions to auditor’s report. Eementrout, P. J., filed the following opinion: “ It would appear from the evidence that Adam Hain was appointed committee of Albert J. Hain, on the tenth of May, 1887, and continued in the execution of his trust until June 24, 1893, when J. Henry Bennetch was appointed as his successor. Various moneys were expended by him for the benefit of…
1Opinion of the Court
Per Curiam,
It is not denied that the court below could have authorized the expenditures complained of if the accountant had made application at the proper time. What it had the power to authorize, if done without permission it may ratify and approve. Whether this power should be exercised in any given case is not a question to be settled by the application of some general rule of law, but by the exercise of a sound judicial discretion in view of all the surrounding circumstances. Fortunately the courts have the power to do in such cases what ought in fairness and good conscience to be done.…
2Cited by4 opinions
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