Legal Opinion

Estate of Fullerton

Pennsylvania Orphans' Court, Armstrong County

Decided January 4, 1892No. 6PublishedCited by 11 opinions

No. 6 October Term 1891, Sup. Ct.; court below, No. 27 March Term 1887, O. C. ’ On March 9, 1887, the accounts of J. H. McCain, guardian of Hugh S. Fullerton and others, minor children of J. B. Fullerton, deceased, were presented for confirmation. Exceptions haying, been filed, Mr. R. 8. Martin was appointed auditor to hear and determine the same. On December 5, 1887, the auditor filed his report.

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No. 6 October Term 1891, Sup. Ct.; court below, No. 27 March Term 1887, O. C. ’ On March 9, 1887, the accounts of J. H. McCain, guardian of Hugh S. Fullerton and others, minor children of J. B. Fullerton, deceased, were presented for confirmation. Exceptions haying, been filed, Mr. R. 8. Martin was appointed auditor to hear and determine the same. On December 5, 1887, the auditor filed his report. Exceptions to the report haying been argued, the court filed an opinion, portions of which are quoted in the assignments of error, infra, and entered a decree as follows: “ The exceptions to the…

1Opinion of the Court

Pee Cueiam:

The assignments of error in this case fail to point out a single item in the account which is objected to. The third, fourth and fifth specifications refer to passages in the opinion of the court. We have repeatedly said that the opinion of the Orphans’ Court is not assignable as error. It is the decree, to which error lies. If that is right, it is of little moment what course of reasoning led up to it. The remaining specifications do not conform to the Rules of Court, unless, perhaps, it be the last one, which alleges that the “ court erred in sustaining the auditor’s report as to…

2Cited by11 opinions

  1. Tomko v. FeldmanSuperior Court of Pennsylvania · 1937
  2. Scull's EstateSupreme Court of Pennsylvania · 1915
  3. Condron v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1911
  4. Johnston's EstateSupreme Court of Pennsylvania · 1909
  5. Quaker Worsted Mills Corp. v. Howard Trucking Corp.Superior Court of Pennsylvania · 1937

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