Boyer's Estate
Supreme Court of Pennsylvania
APPEAL from the decree of the orphan’s court of Dauphin county. Auditors were appointed by the orphan’s court to apportion the assets of the estate of Michael Boyer deceased, in the hands of his administrators, among the creditors, who made report, to which ex.ceptions were filed. Upon hearing the exceptions, the court set aside the report and apportioned the assets by their own decree. From which this appeal was entered.
1Per curiam
The act of assembly directs apportionment among creditors to be made by auditors; and the court, therefore, has not power to remodel it. If it be erroneous, the course is to send it back for correction, The decree is therefore reversed, and the proceeding remitted to the orphans’ court, with direction, in the first place, to set apart a portion of the assets sufficient to answer the rent claimed by the executors of George Boyer, and to send the residue to auditors for apportionment; in the second, to direct an issue to try the validity of the claim for the rent, in which Samuel Boyer,…
2Cited by1 opinion
- Hammett's AppealSupreme Court of Pennsylvania · 1877