Russell's Administrator's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Fayette county. This was an appeal by Joseph C. Thornton, administrator of Joshua Russell, deceased, from the decree of the court below, dismissing the petition of the said Joshua Russell, for a review of the decree of the Orphans’ Court, upon the accounts of Robert Rogers, executor of Mary Thornton, deceased.
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Appeal from the Orphans’ Court of Fayette county. This was an appeal by Joseph C. Thornton, administrator of Joshua Russell, deceased, from the decree of the court below, dismissing the petition of the said Joshua Russell, for a review of the decree of the Orphans’ Court, upon the accounts of Robert Rogers, executor of Mary Thornton, deceased. On the 26th October 1858, the court below made a decree confirming the accounts of Robert Rogers, executor of Mary Thornton, deceased; -and on the 6th September 1858, the following petition of review was presented by the appellant’s intestate:— “To…
1Opinion of the Court
The opinion of the court was delivered by
Strong, J.
The Act of 13th October 1840 directs, that the judges of the Orphans’ Courts of the Commonwealth shall, in certain cases, grant a rehearing of so much of an account already confirmed as is alleged to be erroneous. This is to be done upon petition of review, specifically setting forth errors, and verified by oath or affirmation. The act, however, does not extend to any case where the balance found due by the account has been paid by the executor or accountant. Nor does the act, in all cases, require that the matter shall be referred to…
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