Sharp's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans7 Court of Philadelphia, by Benjamin Sharp and William H. Marshall, administrators of the estate of Thomas Sharp, deceased. The administrators, supposing the estate to be solvent, paid off many of the debts in full before the expiration of a year from the decedent’s death, and supposed all were paid.
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Appeal from the decree of the Orphans7 Court of Philadelphia, by Benjamin Sharp and William H. Marshall, administrators of the estate of Thomas Sharp, deceased. The administrators, supposing the estate to be solvent, paid off many of the debts in full before the expiration of a year from the decedent’s death, and supposed all were paid. After the expiration of a year, while the accounts were before an auditor, and after it was made out, but before it was filed, two new creditors, John Hertzel and James Smith, appeared with an aggregate amount of claims of about $700. Before their presentation…
1Opinion of the Court
The opinion was delivered
2Per curiam
This cause was rightly decided.' There is no law that we know of that requires the Orphans’ Court to order an issue to try facts in the settlement of an administrator’s account, and if there were it was too late to ask for it after the auditor had made out his report.
•Usually administrators have no interest in a question of distribution, and have no right to appeal for anything decided in that part of the process. In it the creditors and distributees are alone interested. We do not see that this case is exceptional, for the estate is insolvent. If the administrators…
3Cited by4 opinions
- Hand's EstateSupreme Court of Pennsylvania · 1927
- Kennedy's EstateSupreme Court of Pennsylvania · 1937
- Romberger EstatePennsylvania Orphans' Court, Berks County · 1950
- Shuman's EstateSuperior Court of Pennsylvania · 1911