Appeal of Barhite
Supreme Court of Pennsylvania
FROM THE DECREE OF THE ORPHANS’ COURT OF ERIE COUNTY. No. 393 January Term 1889, Sup. Ct.; court below, No. 2 February Term 1887, O. C. On February 7, 1887, Alexander Barhite, executor of the will of John Barhite, deceased, filed a partial account showing a balance in his hands of $15,812.57. The accountant claimed credit, inter alia, for $3,675 paid to Carrie Barhite for services-rendered the decedent during his lifetime, and for $2,100, as commissions at the rate of six…
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FROM THE DECREE OF THE ORPHANS’ COURT OF ERIE COUNTY. No. 393 January Term 1889, Sup. Ct.; court below, No. 2 February Term 1887, O. C. On February 7, 1887, Alexander Barhite, executor of the will of John Barhite, deceased, filed a partial account showing a balance in his hands of $15,812.57. The accountant claimed credit, inter alia, for $3,675 paid to Carrie Barhite for services-rendered the decedent during his lifetime, and for $2,100, as commissions at the rate of six per cent upon the total amount with which he had charged himself, to wit, $35,080.65. Of the items which made up this last…
1Opinion of the Court
Opinion,
Mr. Chief Justice Paxson :
The learned auditor and court below have both found that the family relation existed between Carrie Barhite and her grandfather, the testator, and that there was no express'contract by which she was to be paid for her services. Under such circumstances it would require a very strong ease, a clear mistake, to justify us in reversing their findings of fact. So far from there being a mistake in this. instance, we think the findings referred to are sustained by the evidence- It is true the testator, whose wife was deceased, and who was an old *409man living alone,…
2Cited by9 opinions
- Bixler v. SellmanCourt of Appeals of Maryland · 1893
- Eisenlohr's Estate (No. 1)Supreme Court of Pennsylvania · 1917
- Bean's EstateSupreme Court of Pennsylvania · 1919
- Estate of Rachel NusbaumSuperior Court of Pennsylvania · 1930
- In Re Estate of LewisSupreme Court of Oklahoma · 1921
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