Appeal of Pomeroy
Supreme Court of Pennsylvania
EROM THE DECREE OE THE ORPHANS’ COURT OE JUNIATA COUNTY. No. 74 July Term 1889, Sup. Ct.; court below, number and term not given. On May 10, 1888, the account of J. Howard Neely, administrator d. b. n., c. t. a. of the estate of Joseph Pomeroy, deceased, was filed, showing a balance for distribution of $4,079.16. The said account was afterward confirmed, and on June 12, 1888, Mr. R. McMeen was appointed auditorio distribute the balance shown thereby to the persons entitled.
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EROM THE DECREE OE THE ORPHANS’ COURT OE JUNIATA COUNTY. No. 74 July Term 1889, Sup. Ct.; court below, number and term not given. On May 10, 1888, the account of J. Howard Neely, administrator d. b. n., c. t. a. of the estate of Joseph Pomeroy, deceased, was filed, showing a balance for distribution of $4,079.16. The said account was afterward confirmed, and on June 12, 1888, Mr. R. McMeen was appointed auditorio distribute the balance shown thereby to the persons entitled. At the hearing before the auditor, Wm. R. Pomeroy and Jane E. Campbell presented certain claims for allowance, as…
1Opinion of the Court
*498Opinion,
Mr. Chief Justice Paxson :
This record presents the question whether creditors of an estate whose claims have been awarded them by an auditor, and confirmed by the Orphans’ Court, out of the funds of an estate in the hands of the executor, but who have not received payment owing to the insolvency of said executor, are entitled to come in upon a second fund raised id the same estate, and claim a pro rata share thereof. In other words, is the award of an auditor in favor of a creditor, and a decree in his favor, actual payment ? The auditor held that it was not, but he was reversed by…
2Cases cited2 opinions
- Kittera's EstateSupreme Court of Pennsylvania · 1851
- Sergeant's Executors v. EwingSupreme Court of Pennsylvania · 1858
3Cited by5 opinions
- Beckman, SEC. of Bkg. v. Owens, Ex.Superior Court of Pennsylvania · 1939
- Miller's EstateSupreme Court of Pennsylvania · 1907
- Hart's EstatePennsylvania Orphans' Court, Erie County · 1943
- Mariusz Marcinkowski v. Attorney General United StatesCourt of Appeals for the Third Circuit · 2019
- United States v. James JacksonCourt of Appeals for the Sixth Circuit · 1991