Appeal of Gable's Executors
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of York county. This was an appeal by the executors of Veronica Gable from the decree of the Orphans’ Court, on the report of the auditor to whom their account was referred for distribution. Veronica Gable, the testatrix, died on the 9th of October 1857. Her will was proved in the register’s office of York county, on the 14th of the same month and year.
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Appeal from the Orphans’ Court of York county. This was an appeal by the executors of Veronica Gable from the decree of the Orphans’ Court, on the report of the auditor to whom their account was referred for distribution. Veronica Gable, the testatrix, died on the 9th of October 1857. Her will was proved in the register’s office of York county, on the 14th of the same month and year. The executors filed an inventory on the 27th of the said month and year, amounting to $21,208.80. On the 7th of January 1859, a citation was issued to them to settle an account. On the 24th of January 1859, they…
1Opinion of the Court
The opinion of the court was delivered,
by Read, J.
The Orphans’ Court were perfectly right in charging interest on the balance for distribution in the hands of the exe*236cutors, for the fund was drawing interest, not for the benefit of the accountants, but for that of the legatees. With regard to the omission of Joseph Kelly in the auditor’s report and in the decree, there appears to have been no exception taken in the court below, and we have nothing before us to enable us to correct an error, if there be one. If it is an error, upon being shown to the Orphans’ Court, it will no doubt be…
2Cited by6 opinions
- Mellon EstateSupreme Court of Pennsylvania · 1974
- McGlensey's EstateSuperior Court of Pennsylvania · 1908
- Bower's EstateSuperior Court of Pennsylvania · 1911
- Sprissler's EstateSupreme Court of Pennsylvania · 1942
- Curran's EstatePennsylvania Orphans' Court, Philadelphia County · 1933
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