Wither's Appeal
Supreme Court of Pennsylvania
Appeal by John H. Withers, administrator of the estate of Samuel McKinney, deceased, from the decree of the Orphans’ Court of Lancaster county, confirming the report of the auditor, distributing the assets in his hands among creditors, &c. John H. Withers, administrator of Samuel McKinney, deceased, on the 18th day of November 1847, filed his account on said estate in the register’s office of Lancaster county.
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Appeal by John H. Withers, administrator of the estate of Samuel McKinney, deceased, from the decree of the Orphans’ Court of Lancaster county, confirming the report of the auditor, distributing the assets in his hands among creditors, &c. John H. Withers, administrator of Samuel McKinney, deceased, on the 18th day of November 1847, filed his account on said estate in the register’s office of Lancaster county. December 20th, 1847, in the Orphans’ Court an auditor was appointed to pass on the exceptions. March 19, 1849, auditor’s report read and confirmed nisi, in which he reported the sum of…
1Opinion of the Court
The opinion of the court was delivered May 23, by
Rogers, J.
The auditor appointed to distribute the assets, in ascertaining the amount in the hands of the administrator, to be distributed, is confined to the decree of the Orphans’ Court. He cannot go behind the decree for the purpose of increasing or diminishing the sum there ascertained. This is indubitable, and therefore the only question here is as to the construction of the decree; that is, has the court decreed the sum to be paid as $3857.05, or have they decreed that sum with the addition of interest; the auditor, to ascertain the amount…
2Cited by8 opinions
- Missouri-Kansas Pipe Line Co. v. WarrickSupreme Court of Delaware · 1941
- Estate of BearSuperior Court of Pennsylvania · 1899
- King v. BrownSuperior Court of Pennsylvania · 1906
- Koleff EstateSupreme Court of Pennsylvania · 1942
- Lare EstatePennsylvania Orphans' Court, Allegheny County · 1967
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