Legal Opinion

Estate of Gaffney

Pennsylvania Orphans' Court, Cambria County

Decided January 4, 1892No. 237PublishedCited by 43 opinions

No. 237 October Term 1891, Sup. Ct.; court below, No. 5 June Term 1890, O. C. On December 2, 1889, John C. Carroll, executor of tbe will of Hugh Gaffney, deceased, having filed his first and final account, and the same having been confirmed, Mr. M. B. Stevens, was appointed auditor to distribute the balance in the hands of the accountant.

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No. 237 October Term 1891, Sup. Ct.; court below, No. 5 June Term 1890, O. C. On December 2, 1889, John C. Carroll, executor of tbe will of Hugh Gaffney, deceased, having filed his first and final account, and the same having been confirmed, Mr. M. B. Stevens, was appointed auditor to distribute the balance in the hands of the accountant. On April 15, 1890, the auditor filed his report, finding that Hugh Gaffney died on August 21, 1888, and that from 1881 to the time of his death he made his home as a boarder with Polly McKim, a widow; that, until about January 1, 1888, when he became…

1Opinion of the Court

Opinion,

Mb. Chief Justice Paxson :

The only assignment of error is that the court below erred in confirming the report of the auditor. This general specification gives us no information, and does not conform to the Rules of Court. We might well affirm the decree for this reason, but this would do injustice, and we will not punish the appellant for the neglect of her counsel.

We learn from the record that one of the exceptions to the report of the auditor was “ that the auditor erred in disallowing the claim of five hundred sixty dollars, which was deposited in trust for said Polly McKim by said…

2Cases cited1 opinion

  1. Estate of SmithPennsylvania Orphans' Court, Philadelphia County · 1891

3Cited by43 opinions

  1. Williams' EstateSupreme Court of Pennsylvania · 1912
  2. Scanlon's EstateSupreme Court of Pennsylvania · 1933
  3. Caskie v. Philadelphia Rapid Transit Co.Supreme Court of Pennsylvania · 1936
  4. Knutsen v. KrookSupreme Court of Minnesota · 1910
  5. Brose EstateSupreme Court of Pennsylvania · 1965

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