Springer's Appeal
Supreme Court of Pennsylvania
Appeal, by Jonathan D. Springer, from the decree of the Orphans’ Court of Payette county. Zadock Springer died in 1845, intestate, leaving a widow and several children, and letters of administration were granted on his estate to J. B. Miller, in February, 1847. In September, 1848, Thomas R. Davidson, Esq., was appointed auditor to ascertain advancements.
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Appeal, by Jonathan D. Springer, from the decree of the Orphans’ Court of Payette county. Zadock Springer died in 1845, intestate, leaving a widow and several children, and letters of administration were granted on his estate to J. B. Miller, in February, 1847. In September, 1848, Thomas R. Davidson, Esq., was appointed auditor to ascertain advancements. The auditor filed his report in March, 1849, charging Harvey Springer with $1574, the amount of two notes in favour of the deceased; and Jonathan D. Springer with $3847.011:, amount of note given to Rachel Skiles, Jonathan D. Springer…
1Opinion of the Court
The opinion of the court was delivered,
by Lowbxe, J.
If one of the heirs of an estate is in debt to it, he may be treated, in its distribution, as having an advancement to the amount of his debt. It is as auxiliary to the distribution that questions of advancement are raised. They belong to no other part of the administration of the estate. As a preliminary to a distribution, the Orphans’ Court may settle all questions of advancement or of debts that are to stand for advancements; but it cannot go farther and decide that a distributee is in debt beyond his share of the estate, and such a…
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