Horton's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Delaware county. This was a proceeding in the Orphans’ Court by B. W. Horton, one of the executors of Jesse Horton, for the review of a decree of the court confirming the distribution made by the auditor on the account of said executors. The account of the executors was referred to an auditor, who reported for distribution a balance of $2024.25, of which the widow was entitled to one-third.
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Appeal from the Orphans’ Court of Delaware county. This was a proceeding in the Orphans’ Court by B. W. Horton, one of the executors of Jesse Horton, for the review of a decree of the court confirming the distribution made by the auditor on the account of said executors. The account of the executors was referred to an auditor, who reported for distribution a balance of $2024.25, of which the widow was entitled to one-third. This report was confirmed May 27th 1856. The deceased had left three children, viz., Baker Horton, Bushrod W. Horton, Anna Maria Simpson; and Sarah Ann, a-daughter of his…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, J.
— Whether Mrs. Simpson was imposed upon and entrapped into signing a receipt in full for one hundred and fifty-five dollars, when two hundred and eight dollars and eighty-eight cents were really due to her, was a question of fact inquired into and decided by a very competent auditor, and as the court below saw no reason for reversing his finding, so we s.ee none. A receipt is always open to explanation. And this one, given by a widow to an executor, “ on compromise in full of all claims and demands against the estate,” was a peculiarly fit…
2Cited by3 opinions
- Estate of EshelmanSupreme Court of Pennsylvania · 1891
- Wilson's EstateSuperior Court of Pennsylvania · 1915
- Estate of KaminskiSuperior Court of Pennsylvania · 1992