Bradford's Appeal
Supreme Court of Pennsylvania
This was an appeal from the decree of the Orphans’ Court of Armstrong county. D. Phelps,. Esq., was appointed auditor, and made the following report:— John Bradford, the intestate, died in Franklin township, in this county, on the 22d of August, 1855, leaving a widow, the accountant, and collateral heirs, to wit: one brother, Samuel Bradford, the exceptant, and children of Eleanor Bonner, deceased, who was a sister of the intestate. John Bradford left no issue.
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This was an appeal from the decree of the Orphans’ Court of Armstrong county. D. Phelps,. Esq., was appointed auditor, and made the following report:— John Bradford, the intestate, died in Franklin township, in this county, on the 22d of August, 1855, leaving a widow, the accountant, and collateral heirs, to wit: one brother, Samuel Bradford, the exceptant, and children of Eleanor Bonner, deceased, who was a sister of the intestate. John Bradford left no issue. At the time of his death, John Bradford owned a farm of 187 acres of land in Franklin township, worth about $1631.61, as per…
1Opinion of the Court
The opinion of the court was delivered by
Knox, J.
The facts of this ease are so clearly stated by the auditor, and the legal conclusions so correctly drawn therefrom, that it is unnecessary for us to say more than that the decree of *518the Orphans’ Court, in sustaining the auditor’s report, was clearly right.
The prayer for the issue was not made until the result of the hearing before the auditor was ascertained. The request came too late. One cannot take his chance for a favourable finding of facts by an auditor, and when the report is adverse, demand as matter of right an issue to try the same…
2Cited by3 opinions
- Bollinger v. Gallagher, Pennsylvania Court of Common Pleas, York County1891
- Gilmore v. Connellsville Water Co.Superior Court of Pennsylvania · 1896
- Schwartz EstatePennsylvania Orphans' Court, Philadelphia County · 1949