Appeal of Stewart, and McClay
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Juniata county: Of July Term 1885, No. 61. This was an appeal of John Stewart, executor of tbe will of Mary S. Pomeroy, and David McClay and Mary bis wife (in her right) from the'decree of the Orphans’ Court of Juniata county in the distribution of the estate of Joseph Pomeroy, deceased.
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Appeal from the Orphans’ Court of Juniata county: Of July Term 1885, No. 61. This was an appeal of John Stewart, executor of tbe will of Mary S. Pomeroy, and David McClay and Mary bis wife (in her right) from the'decree of the Orphans’ Court of Juniata county in the distribution of the estate of Joseph Pomeroy, deceased. Joseph Pomeroy died September 21st, 1874, leaving a widow, Mary S. Pomeroy, who subsequently died on January 30th, 1881, and the following children : J. Neviu Pomeroy, Elizabeth N. Pomeroy, Eleanor M. Pomeroy, Samuel C. Pomeroy, and Mary Pomeroy who married David McClay. The…
1Opinion of the CourtJustice Green
delivered the opinion .of the court October 15th, 1885.
First assignment. — There is ,no doubt that an executor who retains the goods of his testator is liable for their value, and it was quite open to the exceptants in this case to give evidence of the actual value of the store goods kept by the accountant and have him charged therewith. But that course was not adopted. In the regular inventory of the estate, sworn to and signed by the appraisers, and filed in October, 1874, shortly after the. testator’s death, the store goods were, appraised at $1,80.0. This is prima facie evidence of their…
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