McLellan's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Franklin county: No. 49, to May Term 1874. This appeal was by William McLellan, assignee for the benefit of creditors of the Chambersburg Saving Fund Association, from the decree of the court below confirming the report of the auditors on his account as assignee.
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Appeal from the Court of Common Pleas of Franklin county: No. 49, to May Term 1874. This appeal was by William McLellan, assignee for the benefit of creditors of the Chambersburg Saving Fund Association, from the decree of the court below confirming the report of the auditors on his account as assignee. The facts in the case, the findings of the auditors, &c., and the decree of the court, are all contained in the Chambersburg Saving Fund Association’s Appeal, the case immediately preceding this. The appellant assigned thirteen errors, of which eleven related to the conclusiveness of his first…
1Opinion of the CourtJustice Mercur
The first eleven assignments of error raise the question of the conclusivenesss of the first and second accounts of the appellant. They had previously been confirmed by the court. A partial account of an executor, administrator, guardian or trustee, confirmed by the Orphans’ Court, is conclusive, unless duly appealed from or changed on bill of review: Irwin’s Appeal, 11 Casey 297; Rhoads’s Appeal, 3 Wright 186. But it is only conclusive of what it contains: Shindel’s Appeal, 7 P. F. Smith 43. It is not conclusive of any item which the accountant had received, or ought to have received, and…
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