Estate of Webb
Supreme Court of Pennsylvania
Appeal, No. 294, Oct. T., 1894, by executors, from decree of O. C. Butler Co., Dec. T., 1893, No. 13, confirming report of auditor. Exceptions to report of the auditor on exceptions. Before Greer, P. J. From the record it appeared that the auditor, Everett L. Ralston, Esq., refused to allow credit for $120 which was paid by accountants for a tombstone for decedent.
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Appeal, No. 294, Oct. T., 1894, by executors, from decree of O. C. Butler Co., Dec. T., 1893, No. 13, confirming report of auditor. Exceptions to report of the auditor on exceptions. Before Greer, P. J. From the record it appeared that the auditor, Everett L. Ralston, Esq., refused to allow credit for $120 which was paid by accountants for a tombstone for decedent. The auditor also surcharged accountants for $830.97, being the amount of a judgment in favor of decedent, and against William Curry. Accountants filed exceptions to the two items of surcharge. The court, in an opinion by Greer, P.…
1Opinion of the Court
Opinion by
Mb. Justice-Green,
It is rather surprising that after two express decisions of this court to the contrary, the auditor and court below should have refused a credit of $120 paid by the accountants for the erection of a tombstone over the grave of the testator. Both McGlinsey’s Appeal, 14 S. & R. 64, and Porter’s Estate, 77 Pa. 43, decide explicitly that an allowance for such an expenditure is entirely proper, and credit for it should be given against the estate of the decedent. In the former of these cases the expense was incurred by an administrator, in the latter by executors, and…
2Cases cited5 opinions
- Calhoun's EstateSupreme Court of Pennsylvania · 1837
- Chambersburg Saying Fund Association's AppealSupreme Court of Pennsylvania · 1874
- Wynkoop v. WynkoopSupreme Court of Pennsylvania · 1861
- Appeal of LandmesserSupreme Court of Pennsylvania · 1889
- Porter's EstateSupreme Court of Pennsylvania · 1874
3Cited by25 opinions
- Kline's EstateSupreme Court of Pennsylvania · 1924
- In Re Estate of LuxSupreme Court of Pennsylvania · 1978
- Richardson v. McCloskeyTexas Supreme Court · 1925
- Wood's EstateSupreme Court of Pennsylvania · 1922
- Estate of BartolSupreme Court of Pennsylvania · 1897
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