Candor & Henderson's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Union county. This was an appeal by Robert Candor and Samuel Henderson, executors of William B. Sullivan, deceased, from the decree of the Orphans’ Court, refusing them credit for a payment claimed in their account. On the 2d day of November, 1849, the decedent gave a bond to David Marr, in trust for Mary Adaline Sullivan, his daughter, for $2000, payable ten years after date, or at his death, if that should take place sooner.
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Appeal from the Orphans’ Court of Union county. This was an appeal by Robert Candor and Samuel Henderson, executors of William B. Sullivan, deceased, from the decree of the Orphans’ Court, refusing them credit for a payment claimed in their account. On the 2d day of November, 1849, the decedent gave a bond to David Marr, in trust for Mary Adaline Sullivan, his daughter, for $2000, payable ten years after date, or at his death, if that should take place sooner. Afterwards, on the 13th day of July, 1850, the decedent executed his last will, which was duly proved on the 17th day of September,…
1Opinion of the Court
The opinion of the court was delivered by
Lewis, C. J.
The limitation of twenty days allowed for appeals in certain cases has no application to appeals from decrees of the Orphans’ Court adjusting an administration account. The appeal is in time, and the motion to quash- it is overruled.
The auditor reports that the testator “ gave” the bond in question. There is nothing in any part of the record to impair the force of this finding, or to create a belief that it is erroneous in point of fact. . The possession of the bond, by the executors, after they have paid it, and are entitled to the…
2Cases cited1 opinion
- Schoonmaker v. RoosaNew York Supreme Court · 1820
3Cited by11 opinions
- Mayer's EstateSupreme Court of Pennsylvania · 1927
- William A. Wagoner's EstateSupreme Court of Pennsylvania · 1896
- Hummel's EstateSupreme Court of Pennsylvania · 1894
- Brauner v. CorganSupreme Court of Pennsylvania · 1934
- Dillen v. DillenSupreme Court of Pennsylvania · 1908
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