Fisher's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Bedford county. This was an appeal by Naomi Fisher and others, the widow and heirs of Abraham Kerns, deceased, from the decree of the court below upon the account of Job Mann, one of the executors of the said Abraham Kerns.
Read the full summary
Appeal from the Orphans’ Court of Bedford county. This was an appeal by Naomi Fisher and others, the widow and heirs of Abraham Kerns, deceased, from the decree of the court below upon the account of Job Mann, one of the executors of the said Abraham Kerns. Abraham Kerns died in 1828, and by his will, of which he appointed the accountant one of the executors, he provided as follows:— “ I do hereby authorize and empower the legal representatives of my estate, to sell and convey any part or the whole of my estate — time and terms at their discretion.” “ I wish a sober and competent person or…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
It is not easy to comprehend upon what principle Mr. Mann could be expected to be surcharged with the *31money made by Judge Dougherty, out the lands on which the warrants purchased were laid, without some evidence of complicity in the purchase, or fraud in selling, or a disregard of the interest of the estate in selling the warrants below their value, and at a sacrifice. Nothing of this is shown or pretended. There is not the slightest evidence that the estate lost anything by the sale of the warrants. What the purchaser made by industry and…
2Cases cited5 opinions
- Fisk v. SarberSupreme Court of Pennsylvania · 1843
- Leisenring v. BlackSupreme Court of Pennsylvania · 1836
- Lessee of Lazarus v. BrysonSupreme Court of Pennsylvania · 1810
- Rankin v. PorterSupreme Court of Pennsylvania · 1838
- Heath v. KnappSupreme Court of Pennsylvania · 1840
3Cited by5 opinions
- Sylvester v. BeckSupreme Court of Pennsylvania · 1962
- Neighbor v. Pacific Realty Ass'nUtah Supreme Court · 1912
- Rollison v. MuirSupreme Court of Oklahoma · 1933
- Harris v. SheldonSupreme Court of Pennsylvania · 1889
- Woulfe v. Walsh, Pennsylvania Court of Common Pleas, Delaware County1972