Legal Opinion

Smith's Estate

Supreme Court of Pennsylvania

Decided July 2, 1912No. Appeal, No. 301PublishedCited by 16 opinions

Appeal, No. 301, Jan. T., 1911, by Forest J. Alward, administrator, from decree of O. C. Erie Co., Feb. T., 1911, No. 51, dismissing exception to adjudication in the Estate of Maria Smith, deceased. Adjudication of administrator’s final account. Before A. B. Osborne, Esq., Auditor. The facts, appear by the opinion of the. Supreme Court. . The auditor filed a report of distribution showing a surcharge against the accountant of $2,345.75, which report was confirmed.

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Appeal, No. 301, Jan. T., 1911, by Forest J. Alward, administrator, from decree of O. C. Erie Co., Feb. T., 1911, No. 51, dismissing exception to adjudication in the Estate of Maria Smith, deceased. Adjudication of administrator’s final account. Before A. B. Osborne, Esq., Auditor. The facts, appear by the opinion of the. Supreme Court. . The auditor filed a report of distribution showing a surcharge against the accountant of $2,345.75, which report was confirmed. Errors assigned, among others, were in dismissing exceptions to auditor’s findings of fact and conclusions of law and in…

1Opinion of the Court

Opinion by

Mr. Justice Stewart,

In the adjudication of his final account as administrator of the estate of Maria Smith, deceased, appellant was surcharged with the sum of $2,345.75 for money which, as the court found, belonged to the estate of his decedent, and which was unaccounted for. The appeal is from this decree of surcharge, and its correctness is the only matter for our consideration. The appellant was a grandson of Maria Smith, and for nearly a year before the latter’s death, he had held a written power of attorney as her attorney in fact. It does not appear what duties he discharged…

2Cases cited2 opinions

  1. Appeal of FrossSupreme Court of Pennsylvania · 1884
  2. Estate of WiseSupreme Court of Pennsylvania · 1897

3Cited by16 opinions

  1. Henes v. McGovernSupreme Court of Pennsylvania · 1934
  2. Leadenham's EstateSupreme Court of Pennsylvania · 1927
  3. Fell EstateSupreme Court of Pennsylvania · 1952
  4. In Re the Estate of RandallIdaho Supreme Court · 1942
  5. Allshouse's EstateSupreme Court of Pennsylvania · 1931

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