Kerr's Estate
Superior Court of Pennsylvania
Appeal, No. 245, Oct. T., 1907, by E. Lawrence King and Alexander King, Jr., from decree of O. C. Bedford Co., dismissing exceptions to auditor’s report in Estate of Edward F. Kerr, deceased. Exceptions to report of Alvin L. Little, Esq., auditor. The opinion of the Superior Court states the case.
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Appeal, No. 245, Oct. T., 1907, by E. Lawrence King and Alexander King, Jr., from decree of O. C. Bedford Co., dismissing exceptions to auditor’s report in Estate of Edward F. Kerr, deceased. Exceptions to report of Alvin L. Little, Esq., auditor. The opinion of the Superior Court states the case. Error assigned was decree dismissing the exceptions. — Where one uses the money of another, the law adds the interest as a part of the debt, and this rule applies as well to a decree in the orphans’ court as upon a judgment: Wither’s App., 16 Pa. 151; Hummel v. Brown, 24 Pa. 310; Ralston’s Est., 158…
1Opinion of the Court
Opinion by
Henderson, J.,
At the time when Edward F. Kerr, administrator d. b. n. of the estate of Abram Kerns, filed his third account the balance shown to be due from the accountant was distributable into five shares, four of which were promptly paid by the accountant. The fifth share would have been payable to Georgia Edith Manning, but she died in 1893. She willed her estate to her sister and husband for life, and the remainder, subject to several contingencies, to the appellants. At the time the account was filed an issue was pending in the court of common pleas of Bedford county between…
2Cases cited3 opinions
- Estate of DickSupreme Court of Pennsylvania · 1898
- Biles's AppealSupreme Court of Pennsylvania · 1855
- Hess's EstateSupreme Court of Pennsylvania · 1871