Appeal of Wilson
Supreme Court of Pennsylvania
Appeal of David M. Wilson from a decree of the Orphans’ Oonrt of Allegheny County ordering him to pay interest on certain sums in his hands as executor.
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Appeal of David M. Wilson from a decree of the Orphans’ Oonrt of Allegheny County ordering him to pay interest on certain sums in his hands as executor. On September 5, 1885, the orphans’ court surcharged David M. Wilson, surviving executor of the will of William Noble, deceased, on the audit of his account in the sum of $22,448.95. Exceptions filed by Wilson were dismissed on January 6, 1886. During February negotiations looking to a compromise were begun but failed, and October 2, 1886, Wilson took an appeal to the supreme court, and the decree of the orphans’ court was reversed and the…
1Per curiam
We think there is a clear distinction between the case in hand and that of Dietterich v. Heft, 5 Pa. 87. In the latter' it was held, on the authority of Hoopes v. Brinton, 8 Watts, 73, that a guardian was not chargeable with interest during the time exceptions to his account filed by his ward were pending in the orphans’ court.
In the pending controversy, however, the appeal was taken by the accountant, and although he succeeded in reducing the surcharge there was a large balance found against him, and this balance he neither tendered to, nor offered to distribute among, those to whom it…
2Cases cited2 opinions
- Hoopes v. BrintonSupreme Court of Pennsylvania · 1839
- Dietterich v. HeftSupreme Court of Pennsylvania · 1847
3Cited by2 opinions
- Koleff EstateSupreme Court of Pennsylvania · 1942
- Lare EstatePennsylvania Orphans' Court, Allegheny County · 1967