In re Wilson's Estate
Supreme Court of Pennsylvania
On an appeal by Humphreys, as administrator of John Wilson, from the decree of the Orphans’ Court of Montgomery, this court appointed an auditor to settle and adjust the distribution account between the executors and the parties entitled to the residue, and make distribution. From the auditor’s report two of the claimants appealed. The case was this : John Wilson, by his will, in 1825, gave his estate among his nephews and nieces.
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On an appeal by Humphreys, as administrator of John Wilson, from the decree of the Orphans’ Court of Montgomery, this court appointed an auditor to settle and adjust the distribution account between the executors and the parties entitled to the residue, and make distribution. From the auditor’s report two of the claimants appealed. The case was this : John Wilson, by his will, in 1825, gave his estate among his nephews and nieces. The share of William Wilson, one of his nephews, he gave to his executors thereinafter named, and to a majority of them, who might take on themselves the execution…
1Opinion of the CourtGibson, C. J.
— The objection to the allowance of credits in the distribution account, which might have been allowed in the administration account, would be well founded if they were claimed for debts contracted by the testator. Such could be settled according to the statute and practice only by being properly vouched, advertised, and passed by the register before confirmation by the Orphans’ Court. True it is, that the practice has been to credit the expenses of administration in the administration account, and they may properly be so credited still; but where they have been omitted, it certainly is not…
2Cited by3 opinions
- Partridge's EstateSupreme Court of Pennsylvania · 1913
- Elliott EstateSupreme Court of Pennsylvania · 1957
- Thoma v. City of CincinnatiOhio Superior Court, Cincinnati · 1907