Ammon's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of York county. This was an appeal by Harman Ammon and Elizabeth his wife, from the decree of the Orphans’ Court confirming the report of the auditor upon the administration account of Benjamin Malaun, administrator of the estate of Rebecca Malaun, deceased. Rebecca Malaun, the accountant’s intestate, died in February 1852, leaving as her heir and next of kin, a brother, John Malaun.
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Appeal from the Orphans’ Court of York county. This was an appeal by Harman Ammon and Elizabeth his wife, from the decree of the Orphans’ Court confirming the report of the auditor upon the administration account of Benjamin Malaun, administrator of the estate of Rebecca Malaun, deceased. Rebecca Malaun, the accountant’s intestate, died in February 1852, leaving as her heir and next of kin, a brother, John Malaun. At his instance, the accountant took out letters of administration upon her estate; which consisted of personalty amounting to $1193.37, and $603, the proceeds of real estate sold…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
It is impossible for us to consider this administrator blameworthy, for making all the defence he could make, legally, to the action which Ammon and wife brought against him.
Intrusted by law' with the administration of the estate of Rebecca Malaun, who died leaving an only brother, John Malaun, her heir at law, what was the proper course for the administrator to pursue, when he found Ammon and his wife, who were neither kith nor kin to the decedent, claiming her whole estate real and personal ?
Had they alleged a will either written or…
2Cited by3 opinions
- Kennedy's EstateSupreme Court of Pennsylvania · 1937
- Shouldice v. McLeod's EstateMichigan Supreme Court · 1906
- Reist's EstatePennsylvania Orphans' Court, Lancaster County · 1945