Peters's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Delaware county. This was an appeal by Mary D. Peters, administratrix of James S. Peters, deceased, and of James S. Peters, Jr., from the decree of the court confirming the report of the auditor appointed to settle the account of said administratrix.
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Appeal from the Orphans’ Court of Delaware county. This was an appeal by Mary D. Peters, administratrix of James S. Peters, deceased, and of James S. Peters, Jr., from the decree of the court confirming the report of the auditor appointed to settle the account of said administratrix. Mary D. Peters, who was administratrix of the estate of her husband, James S. Peters, filed her account, in which, among other items, she took credit for $300, the value of a horse which was upon the farm of deceased, and had been appraised at $300, but which was claimed by his son, James S. Peters, Jr., who was…
1Opinion of the Court
The opinion of the court was delivered,
by Thompson, J.
— That executors and administrators, as such, may submit to arbitration matters in dispute in respect of, and claims upon, the personal estate of their testator or intestate, is elementary law: Watson on Awards 46; Kyd on Awards 39 ; and so treated in our books: 1 Yeates 161; 6 Binney 423. Sergeant, J., in Grace v. Sutton, 5 Watts 540, asserts the doctrine, and cites numerous authorities approving the power. He also speaks approvingly of its exercise in appropriate cases: so does Watson on Awards, p. 47, wherein he says, “In many cases it…
2Cases cited1 opinion
- Grace v. SuttonSupreme Court of Pennsylvania · 1836