Case of Richards
Supreme Court of Pennsylvania
THE accounts of Richards having been referred by the Orphans’ Court of Philadelphia county to auditors for settlement, they reported a balance due to him from each of the children, except one, amounting in the aggregate, to 5000 dollars. The Court, after argument, “ adjudged that the exceptions to the report of the auditors be dismissed, and the report confirmed.”
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THE accounts of Richards having been referred by the Orphans’ Court of Philadelphia county to auditors for settlement, they reported a balance due to him from each of the children, except one, amounting in the aggregate, to 5000 dollars. The Court, after argument, “ adjudged that the exceptions to the report of the auditors be dismissed, and the report confirmed.” The wards offered to appeal, but the Court refused to permit the appeal without security being given for the balance found against them. A rule was then obtained in this Court to shew cause why they should not be J . . J permitted…
1Opinion of the Court
Gibson J.,
delivered the opinion of the Court.
As there is no pretence that the account itself was not final, the order of confirmation was, as respects the subject matter over which it was made a definitive, and not an interlocutory decree. In the case of a guardian, the Orphans’ Court has no power to enforce the balance found due : that can be done only under the act for the better settling of intestates estates, (3 Smithy 156,) which, for the purpose of defining the powers of that Court, is still in force j but which gives the power only in the case of executors or administrators. But even…
2Cited by2 opinions
- President of the Orphans Court of Dauphin County ex rel. Groff v. GroffSupreme Court of Pennsylvania · 1826
- McCormick v. JoyceSupreme Court of Pennsylvania · 1847