Legal Opinion · Dissent

Clauser's Estate

Supreme Court of Pennsylvania

Decided May 15, 1841Published

APPEAL from the decree of the Orphans’ Court of Berks county, quashing the account of Peter Sheradin, administrator of Peter Clauser deceased. Peter Clauser died in 1823, intestate, and letters of administration issued to Peter Sheradin, who settled his account in the Orphans’ Court in 1826, in which he charges himself with the inventory, and credits payments, leaving a balance of $370 in the hands of the accountant.

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APPEAL from the decree of the Orphans’ Court of Berks county, quashing the account of Peter Sheradin, administrator of Peter Clauser deceased. Peter Clauser died in 1823, intestate, and letters of administration issued to Peter Sheradin, who settled his account in the Orphans’ Court in 1826, in which he charges himself with the inventory, and credits payments, leaving a balance of $370 in the hands of the accountant. In 1830 he settled a second account, in which he charges himself with the balance on the first account and other sums, amounting to $2354.89, and prays credits for disbursements…

1DissentHuston, J.

dissenting. —About the year 1815, in 8 Serg. & Rawle 347, we find the first decision in Pennsylvania that administrators could not bring into their account any money expended on account of the real estate or maintenance of orphan children, and there have been several decisions to the same effect since; though many accounts containing such items have constantly been passing the Orphans’ Court in every county of the state, and several have passed this court without objection being made. Where guardians have not been appointed, and the administrators are the near relations of minors, they…

2Cases cited5 opinions

  1. Lyon v. RichmondNew York Court of Chancery · 1816
  2. Appeal in the case of Billington's EstateSupreme Court of Pennsylvania · 1831
  3. Kerper v. HochSupreme Court of Pennsylvania · 1832
  4. Shenck's Administration AccountSupreme Court of Pennsylvania · 1836
  5. M'Kinney v. WatsonSupreme Court of Pennsylvania · 1822

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