Fahnestock's Appeal
Supreme Court of Pennsylvania
Certiorari to, and appeal from the Court of Common Pleas of Adams county : Of May Term 1883, No. 30. Appeal by Edward G. Fahnestock, from a decree of said court, reversing the findings and award of an Auditor, appointed to pass upon exceptions filed to the final account of said Edward G. Fahnestock as successor to Benjamin Deford, trustee under the will of Joseph Baugher, deceased.
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Certiorari to, and appeal from the Court of Common Pleas of Adams county : Of May Term 1883, No. 30. Appeal by Edward G. Fahnestock, from a decree of said court, reversing the findings and award of an Auditor, appointed to pass upon exceptions filed to the final account of said Edward G. Fahnestock as successor to Benjamin Deford, trustee under the will of Joseph Baugher, deceased. Before the Auditor, William A. Duncan, Esquire, the following facts appeared : Joseph Baugher died in April 1849, leaving to survive him his widow íllizabeth, and two daughters, viz.: Mrs. Annie M. Baker and Mrs.…
1Opinion of the CourtJustice Clark
The Auditor, upon a review of this case, finds that there is no evidence of any willful default or bad faith on the part of Edward G> Fahnestock, the trustee, and that the charge of gross negligence is not made out.
The finding of an Auditor is entitled to great consideration, and will not be set aside, except for plain mistake; when this is shown, as we have said in Chew’s Appeal, 9 Wright 230, “ like all other judicial proceedings, it is subject to correction.” Additional force is given to an Auditor’s report by the confirmation of the court: Bull’s Appeal, 12 Harris 286; Dellinger’s Appeal,…
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