Legal Opinion

Yoder's Appeal

Supreme Court of Pennsylvania

Decided May 25, 1863PublishedCited by 4 opinions

Appeal from the Orphans’ Court of Somerset county. This was an appeal by the widow and heirs of Daniel Yoder, deceased, from the decree of the court below on the account of Gillian C. Lint, trustee for the sale of the real estate of deceased. The case was this: — Daniel Yoder died intestate in 1844, leaving a widow, Susanna, and six minor children.

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Appeal from the Orphans’ Court of Somerset county. This was an appeal by the widow and heirs of Daniel Yoder, deceased, from the decree of the court below on the account of Gillian C. Lint, trustee for the sale of the real estate of deceased. The case was this: — Daniel Yoder died intestate in 1844, leaving a widow, Susanna, and six minor children. Letters of administration on the estate of said deceased were granted to Isaac Yoder, who filed his final account on said estate on the 23d day of April 1850, which was confirmed on the 29th of August, same year, showing a balance in his hands of…

1Opinion of the Court

The opinion of the court was delivered,

by

THOMPSON, J.

The court below, on a petition for a review, informally a bill of review by the guardian of the minor heirs of Daniel Yoder, deceased, appointed an auditorio “find dis puted facts and return the evidence” of the facts alleged in the bill. The order issued to the auditor was a little broader than the entry on the docket. It was “ to take evidence, find the facts, state an account, and return the evidence.” We understand that one objection to the proceedings of the auditor was want of authority in him to state the account of the guardian,…

2Cited by4 opinions

  1. Grollman's EstateSupreme Court of Pennsylvania · 1922
  2. Kipp's EstateSupreme Court of Pennsylvania · 1926
  3. Skeer's EstateSupreme Court of Pennsylvania · 1916
  4. Roy Building & Loan Ass'n v. King, Pennsylvania Court of Common Pleas, Delaware County1931

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