Estate of Moore
Superior Court of Pennsylvania
Appeal, No. 71, Oct. T., 1899, by Clara C. McClure, from decree of O. C. Chester Co., in distribution of the estate of Mary Moore, deceased. ‘ Exceptions to auditor’s report. . Before Butler, J. It appears from the auditor’s report that decedent entered the family of the Misses Morton as a boarder, and so continued to the time of her death. When she came to them she was advanced in years and suffering from consumption of the joints.
Read the full summary
Appeal, No. 71, Oct. T., 1899, by Clara C. McClure, from decree of O. C. Chester Co., in distribution of the estate of Mary Moore, deceased. ‘ Exceptions to auditor’s report. . Before Butler, J. It appears from the auditor’s report that decedent entered the family of the Misses Morton as a boarder, and so continued to the time of her death. When she came to them she was advanced in years and suffering from consumption of the joints. Pier condition was taken into consideration by the Misses Morton in determining what sum she should pay for her boarding, washing and nursing, and the sum of…
1Opinion of the Court
Opinion by
Beaver, J.,
There is a clear distinction between a distinct finding of fact by an auditor, concurred in by the court below, to which the effect of a verdict of a jury will be given by an appellate court, and a conclusion of law or deduction from undisputed testimony *603which would raise the question as to whether or not there was sufficient evidence to go to a jury, as to which the appellate court can clearly judge and by Avhich it will not be bound. The finding of the auditor in the present case belonged to the latter class. Taking the testimony adduced before him as true, was there a…
2Cases cited4 opinions
- Rosencrance v. JohnsonSupreme Court of Pennsylvania · 1899
- Harrington v. HickmanSupreme Court of Pennsylvania · 1892
- Brose's EstateSupreme Court of Pennsylvania · 1893
- McHugh's EstateSupreme Court of Pennsylvania · 1893
3Cited by6 opinions
- Howard v. DrexlerSuperior Court of Pennsylvania · 1900
- Wise v. MartinSuperior Court of Pennsylvania · 1910
- Lewis's EstateSuperior Court of Pennsylvania · 1912
- Piersol's EstateSuperior Court of Pennsylvania · 1905
- Moore v. MinorSuperior Court of Pennsylvania · 1914
1 more not listed; retrieve them via the Exa API.