Miller's Estate
Supreme Court of Pennsylvania
Appeal, No. 304, Jan. T., 1919, by Frank E. Miller, from decree of O. C. Franklin Co., removing the appellant from Ms office of Executor in re petition of Carrie C. Brown, J. R. Miller and Iola Miller in the estate of Annie E. Miller, deceased. Petition by legatees and devisees for the removal of the executor under the will of the decedent.
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Appeal, No. 304, Jan. T., 1919, by Frank E. Miller, from decree of O. C. Franklin Co., removing the appellant from Ms office of Executor in re petition of Carrie C. Brown, J. R. Miller and Iola Miller in the estate of Annie E. Miller, deceased. Petition by legatees and devisees for the removal of the executor under the will of the decedent. The facts appear in the opinion of the lower court, by G-illan, P. J., filed February 3, 1919, which was as follows : The petition of Carrie C. Brown, J. R. Miller and Iola Miller was presented to us on the 7th day of November, 1918, setting forth that…
1Opinion of the Court
Per Curiam,
This appeal is from an order of the court below removing the appellant as executor of the will of his mother, Annie E. Miller. The order was made on the petition for his removal and his answer thereto, and Ms main complaint is of the refusal of the court to appoint an examiner to take testimony. As the material averments in the petition for the removal were admitted in appellant’s *316answer, there was no necessity to take testimony. In addition to this he admitted that he had misappropriated a portion of the rentals, now made assets for the payment of the debts of a decedent. In-view…
2Cited by3 opinions
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- Tanner's EstatePennsylvania Orphans' Court, Montour County · 1925