Appeal of St. Joseph's Orphan Asylum
Supreme Court of Pennsylvania
This was an appeal by the St. Joseph’s Orphan Asylum, from the decree of the Orphans’ Court of Chester county, directing the asylum to pay the fees of the auditor and other officers of the court, in the audits on said estate. Henry Kimber, executor, &c., of Henrietta Deville, filed his account August 6th 1853, showing a balance in his hands of $1566.02. Among the credits claimed by the accountant, there was one for about $4000, for money lost by unavoidable accident.
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This was an appeal by the St. Joseph’s Orphan Asylum, from the decree of the Orphans’ Court of Chester county, directing the asylum to pay the fees of the auditor and other officers of the court, in the audits on said estate. Henry Kimber, executor, &c., of Henrietta Deville, filed his account August 6th 1853, showing a balance in his hands of $1566.02. Among the credits claimed by the accountant, there was one for about $4000, for money lost by unavoidable accident. The asylum, as residuary legatee, filed exceptions to the account. An auditor was appointed by the court to “ audit and…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
— The case of the appellants is a hard one, but that will not justify us in relieving them by casting an equal or greater hardship upon an officer of the court. It was at their instance that he was appointed an auditor, and that he performed the services for which they are asked to pay. That they are liable for his fees is beyond question. The Act of 29th March 1819 (Stroud & Brightly’s Purdon 68) provides that the fees of auditors are to be fixed by the court, and to be paid and taxed as other costs. They are to be paid, and they are to be…
2Cases cited1 opinion
- Beale v. CommonwealthSupreme Court of Pennsylvania · 1838
3Cited by4 opinions
- McCune v. LytleSupreme Court of Pennsylvania · 1900
- McCracken's CaseSuperior Court of Pennsylvania · 1911
- Angle's EstatePennsylvania Orphans' Court, Northampton County · 1930
- Patton's EstateSuperior Court of Pennsylvania · 1902