Mitchell's Estate
Supreme Court of Pennsylvania
APPEAL from the orphan’s court of Cumberland county. The estate of Andrew Mitchell deceased was insufficient for the payment of his debts, and it was referred to auditor's to marshal the same among the creditors according to priority and preference. Legal notice of the meeting of the auditors was given, and claims were presented and the account drawn out by the auditors and presented to the orphan’s court.
Read the full summary
APPEAL from the orphan’s court of Cumberland county. The estate of Andrew Mitchell deceased was insufficient for the payment of his debts, and it was referred to auditor's to marshal the same among the creditors according to priority and preference. Legal notice of the meeting of the auditors was given, and claims were presented and the account drawn out by the auditors and presented to the orphan’s court. Upon an objection to the principle upon which the account was stated, the court referred it back to one of the auditors to make the correction which they directed. The commonwealth’s claim…
1Opinion of the Court
The opinion of the Court was delivered by
Rogers, J.
Where there are not assets sufficient to pay bonds, and specialties, and other debts, owing by a person at the timeof his decease, the assets shall be averaged, and the creditors paid pro rata, first paying the bonds and specialties. And for this purpose, the executor or administrator shall, and may, apply to the orphan’s court, which is empowered to appoint three or more auditors to settle and adjust the rates and proportions so payable to the respective creditors, whose report, if approved by the court, shall be confirmed, and the executor…
2Cited by5 opinions
- Yorks's AppealSupreme Court of Pennsylvania · 1885
- Hammett's AppealSupreme Court of Pennsylvania · 1877
- Estate of J. Morton IvisonSuperior Court of Pennsylvania · 1931
- Stœver's AppealSupreme Court of Pennsylvania · 1842
- Diehl's EstatePennsylvania Orphans' Court, Centre County · 1930