Legal Opinion

Beach's Estate

Superior Court of Pennsylvania

Decided April 23, 1906No. Appeal, No. 14PublishedCited by 1 opinion

Appeal, No. 14, March T., 1906, by S. P. Beach, from decree of O. C. Tioga Co., May T., 1903, No. 2, overruling exceptions to auditor’s report in Estate of L. O. Beach, deceased. Exceptions to auditor’s report. The opinion of the Superior Court states the case. Errors assigned were in dismissing exceptions to auditor’s report.

1Opinion of the Court

Opinion by

Head, J.,

The Act of April 14, 1835, P. L. 275, provides that “ all accounts presented to the orphans’ court by executors, etc., shall be examined by the court and, if not excepted to, shall, after due consideration, be confirmed,” etc. In Rhoads’s Appeal, 39 Pa. 186, it was held that such decree was a final decree from which an appeal could be taken. “I cannot doubt, ” said Thompson, J., “ but that a decree made as required by the act, after examination by the court, and after ‘ due consideration,’ must be taken to be a definitive decree from which an appeal would lie; and so in…

2Cases cited4 opinions

  1. Appeal of FrossSupreme Court of Pennsylvania · 1884
  2. Estate of GallowaySuperior Court of Pennsylvania · 1897
  3. Rhoads's AppealSupreme Court of Pennsylvania · 1861
  4. Irwin's AppealSupreme Court of Pennsylvania · 1860

3Cited by1 opinion

  1. Monnia's EstateSupreme Court of Pennsylvania · 1921

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