Sawtelle's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ 'Court of Cumberland county: Of May Term 1877. No. 211. Mary S. Sawtelle died in 1871, seised of two tracts of land and leaving certain personal property, a daughter, Eva A., married to J. J. Cart, and her husband, Nathaniel H. Sawtelle. Letters of administration were granted to the latter on the estate of the decedent.
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Appeal from the Orphans’ 'Court of Cumberland county: Of May Term 1877. No. 211. Mary S. Sawtelle died in 1871, seised of two tracts of land and leaving certain personal property, a daughter, Eva A., married to J. J. Cart, and her husband, Nathaniel H. Sawtelle. Letters of administration were granted to the latter on the estate of the decedent. He filed no inventory, but in 1874 filed a first account, wherein he charged himself as follows: “ Amount judgments, notes and accounts on hand $2346.” Mrs. Cart excepted to this account, alleging that accountant had not charged himself with the entire…
1Opinion of the CourtJustice Sterrett
The subjects of complaint in the first and fifth assignments of error are the surcharge of $2790, for government bonds and currency belonging to the estate, which came into the hands of the accountant; and the incompetency of Mr. and Mrs. Cart as witnesses to prove the possession and ownership of the bonds as part of the assets of the estate. The surcharge, and evidence in support of it, are so connected that they can be better considered together.
In 1871, letters of administration were issued to the appellant on the estate of his wife, Mary S. Sawtelle, who died intestate leaving an only…
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