Legal Opinion

Barnes's Estate

Supreme Court of Pennsylvania

Decided May 18, 1908No. Appeal, No. 86PublishedCited by 5 opinions

Appeal, No. 86, Jan. T., 1908, by Charles Henry Barnes, Administrator of William Barnes, from decree of O. C. Phila. Co., Oct. T., 1906, No. 696, dismissing exceptions to adjudication in Estate of Charles Barnes, deceased. Exceptions to adjudication. The facts appear by the opinion of the Supreme Court. Error assigned was in dismissing exceptions to adjudication.

1Opinion of the Court

Opinion by

Mr. Justice Brown,

This is an appeal from a finding of fact by the orphans’ court. In asking us to reverse the decree that followed it, counsel for appellant cite the Act of June 16, 1836, P. L. 683, which makes it our duty, on an appeal from the orphans’ court, “ to hear, try and determine the merits ” of the case, and “ decree according to the. justice and equity thereof.” We are not, however, in discharging this duty, to disturb a finding of fact by an auditing judge, confirmed by the court, unless there be no evidence to support it, or it is clearly so erroneous that to uphold it…

2Cases cited2 opinions

  1. Thompson's AppealSupreme Court of Pennsylvania · 1883
  2. Estate of LazarusPennsylvania Orphans' Court, Luzerne County · 1891

3Cited by5 opinions

  1. Gongaware's EstateSupreme Court of Pennsylvania · 1920
  2. Mack's EstateSupreme Court of Pennsylvania · 1924
  3. Myers' EstateSupreme Court of Pennsylvania · 1916
  4. In Re Est. of W.J. HartzellSuperior Court of Pennsylvania · 1932
  5. Pennsylvania Trust Co. v. Johnstown Printing & Lithographing Co.Superior Court of Pennsylvania · 1928

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