Cake's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Northumberland county: Of January Term 1885, No. 480. This was an appeal by Sarah M. Cake and Lueetta B. Cake from a decree of said court, confirming the report of an Auditor appointed to make distribution of the balance in the hands of the administrator of the estate of Margaret Schuyler, deceased.
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Appeal from the Orphans’ Court of Northumberland county: Of January Term 1885, No. 480. This was an appeal by Sarah M. Cake and Lueetta B. Cake from a decree of said court, confirming the report of an Auditor appointed to make distribution of the balance in the hands of the administrator of the estate of Margaret Schuyler, deceased. The following facts appeared before the Auditor (G. W. Zeigler, Esq.): Margaret Schuyler, the decedent, was a widow, living in the borough of Northumberland. She died in February, 1883, in her 87th year, leaving as her heirs and next of kin,’three grandchildren,…
1Opinion of the CourtJustice Paxsox
The report of a Master upon questions of fact, approved, by the court below, will not as a general rule be set aside by this court. But when the questions decided are inferences from clearly proved facts, or conclusions from reasoning, the report has not the same weight: Phillip’s Appeal, 18 P. F. S., 130; Sproull’s Appeal, 21 Id., 137; Moyer’s Appeal, 27 Id., 482; Hindman’s Appeal, 4 Norris, 467.
The learned Auditor has found that there was no contract between the appellants and Mrs. Margaret Schuyler. Yet the witness, H. L. Cake, who was called by the appellants, distinctly proved that a…
2Cited by7 opinions
- Weaver v. WelshSupreme Court of Pennsylvania · 1937
- Gongaware's EstateSupreme Court of Pennsylvania · 1920
- Colket's EstateSupreme Court of Pennsylvania · 1907
- Pratt's EstateSuperior Court of Pennsylvania · 1907
- Blumberg's EstatePennsylvania Orphans' Court, Philadelphia County · 1933
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