Estate of Bracken
Supreme Court of Pennsylvania
APPEAL BY JAMES S. BRACKEN ET AL. EROM THE ORPHANS’ COURT OE CAMBRIA COUNTY. No. 43 October Term 1890, Snp. Ct.; court below, number and term not given. The account of Samuel Reed, executor of the will of Ann Elizabeth Bracken, deceased, showing a balance for distribution of $1,102.83, having been confirmed without exception, Mr. JE. G-. Kerr was appointed auditor to report a distribution.
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APPEAL BY JAMES S. BRACKEN ET AL. EROM THE ORPHANS’ COURT OE CAMBRIA COUNTY. No. 43 October Term 1890, Snp. Ct.; court below, number and term not given. The account of Samuel Reed, executor of the will of Ann Elizabeth Bracken, deceased, showing a balance for distribution of $1,102.83, having been confirmed without exception, Mr. JE. G-. Kerr was appointed auditor to report a distribution. The facts found by the auditor were in substance as follows: Ann Elizabeth Bracken died leaving a will dated November 15, 1881, by which she gave and bequeathed to Susan Bracken a colt, the household and…
1Opinion of the Court
OpinxoN,
Me. Justice Green :
By tbe distribution of the fund in the bands of the accountant, as made by the auditor, James S. Bracken, the appellant, was awarded a share of the estate of the decedent. He was allowed an equal share with the other legatees of the testatrix. After exceptions were filed to the report, the distribution made by him was confirmed by the court below, but the ground upon which the confirmation was placed was, that James S. Bracken was the only exceptant, and he had no status to file exceptions, had no interest in the estate, and therefore could not be heard to complain.…
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