Legal Opinion

Bruner's Appeal

Supreme Court of Pennsylvania

Decided February 20, 1868PublishedCited by 10 opinions

Appeals from tie decree of tie Orphans’ Court of Northumberland county: in the estate of William H. Gray, deceased. To October Term, 1867. These appeals were taken from the decree of the court on the account of Peter W. Gray, executor, &c., of the decedent. From the report of the auditor, William M. Róckafeller, Esq., the following facts appeared.

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Appeals from tie decree of tie Orphans’ Court of Northumberland county: in the estate of William H. Gray, deceased. To October Term, 1867. These appeals were taken from the decree of the court on the account of Peter W. Gray, executor, &c., of the decedent. From the report of the auditor, William M. Róckafeller, Esq., the following facts appeared. William Gray, the father of the decedent, and Francis Johnson, were the owners of a tract of land in Northumberland county; the tract was sold for taxes to Joseph Wallace, and the time for redemption had passed. After the death of William Gray,…

1Opinion of the Court

The opinion of the court was delivered, by

Agnew, J.

These appeals arise out of the same account and decree, and will therefore be considered together. We think the auditor, who was followed by the court in this respect, erred in not making any charge of interest against Gray, the executor. The balance of the first account clearly bore interest from the time of its final confirmation: Withers’s Appeal, 4 Harris 151. Nor was the executor exempt from interest for the whole time from the filing of the account on the 4th of March 1861, until the 6th of January 1865, the date of the confirmation. It…

2Cases cited3 opinions

  1. Kenrick v. SmickSupreme Court of Pennsylvania · 1844
  2. Gray v. PackerSupreme Court of Pennsylvania · 1842
  3. Wells v. BenefieldOhio Supreme Court · 1833

3Cited by10 opinions

  1. Estate of Lucas v. BrownCalifornia Supreme Court · 1943
  2. Jones EstateSupreme Court of Pennsylvania · 1960
  3. Kohler EstateSupreme Court of Pennsylvania · 1943
  4. Lare EstateSupreme Court of Pennsylvania · 1969
  5. Judge v. Pincus, Verlin, Hahn & Reich, P.C. (In Re J & J Record Distributing Corp.)United States Bankruptcy Court, E.D. Pennsylvania · 1987

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