Cunningham's Estate
Supreme Court of Pennsylvania
Appeal, No. 14, Jan. T., 1905, by S. A. Davenport, from decree of O. C. Erie Co., Sept. T., 1900, No. 8, sustaining exceptions to auditor’s report in Estate of Anua C. Cunningham, deceased. Exceptions to report of E. L. Whittelsey, Esq., auditor. From the record it appeared - that Anna C. Cunningham, testatrix, died January 18, 1866, leaving a will by which she appointed Joseph M. Sterrett and S. A. Davenport, executors.
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Appeal, No. 14, Jan. T., 1905, by S. A. Davenport, from decree of O. C. Erie Co., Sept. T., 1900, No. 8, sustaining exceptions to auditor’s report in Estate of Anua C. Cunningham, deceased. Exceptions to report of E. L. Whittelsey, Esq., auditor. From the record it appeared - that Anna C. Cunningham, testatrix, died January 18, 1866, leaving a will by which she appointed Joseph M. Sterrett and S. A. Davenport, executors. She left to survive her children of a granddaughter, and an adopted daughter, Mary Cunningham, who in 1876 married F. E. Barrows. By the will the executors were authorized to…
1Opinion of the Court
Opinion by
Mb. Chief Justice Mitchell,
Full consideration of the evidence in this case has brought us to a different conclusion from that of the court below. The auditor and the court have both reviewed the facts in detail, and it would serve no useful purpose for us to do likewise. It will be sufficient to indicate our conclusions briefly and generally.
The will gave the executor large discretion and he interpreted his powers liberally. Instead, therefore, of pursuing the directions of the will strictly he followed his own judgment. His management was somewhat dilatory, with an inclination to…
2Cited by1 opinion
- Olds's EstateSuperior Court of Pennsylvania · 1914