Elton's Estate
Superior Court of Pennsylvania
Appeal, No. 180, Oct. T., 1911, by Rebecca B. Stokes, from decree of O. C. Phila. Co., Jan. T., 1885, No. 215, dismissing exceptions to adjudication in Estate of Anthony Elton, deceased. Exceptions to adjudication. The facts are stated in the opinion of the Superior Court. Errors assigned were in dismissing exceptions to adjudication.
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Appeal, No. 180, Oct. T., 1911, by Rebecca B. Stokes, from decree of O. C. Phila. Co., Jan. T., 1885, No. 215, dismissing exceptions to adjudication in Estate of Anthony Elton, deceased. Exceptions to adjudication. The facts are stated in the opinion of the Superior Court. Errors assigned were in dismissing exceptions to adjudication. The trustee should have been surcharged with interest at six per cent on the missing $4,459.57: Landis v. Scott, 32 Pa. 495; Flynn’s Estate, 21 Pa. Superior Ct. 126; Bosler’s Est., 161 Pa. 457; Harland’s Account, 5 Rawle, 323; Harlacher’s Est., 5 Northampton…
1Opinion of the Court
Opinion by
Beaver, J.,
The appellant raises two questions by this appeal.
The first is the proper charge to be made by the ap-pellee, who was trustee of the estate of a decedent, against the estate, for power, heat and janitor service furnished from a boiler on property owned by him adjoining the trust estate, where the engineer of the' boiler acted as janitor for the building belonging to the estate. The question depended entirely upon the testimony of witnesses produced by the trustee and the appellant before the auditing judge. As a result of this evidence, the court *587made a surcharge of a…
2Cases cited2 opinions
- Whitecar's EstateSupreme Court of Pennsylvania · 1892
- Flynn's EstateSuperior Court of Pennsylvania · 1902
3Cited by3 opinions
- Wilbur's EstateSupreme Court of Pennsylvania · 1938
- Nedd v. United Mine Workers of AmericaDistrict Court, M.D. Pennsylvania · 1980
- Kipp's EstateSupreme Court of Pennsylvania · 1926