Spangler's Estate
Supreme Court of Pennsylvania
Appeal from tbe Orphans’ Court of York county, in the matter of Charles Weiser’s account as testamentary trustee of Catherine A. Spangler. In 1843 Jacob Spangler died, having made his will, in which he appointed Charles Weiser and Herman Alricks, the executors. Weiser appears to have been the acting executor, and in 1844, -’46, and ’47, he settled his accounts as executor, and received the usual allowances.
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Appeal from tbe Orphans’ Court of York county, in the matter of Charles Weiser’s account as testamentary trustee of Catherine A. Spangler. In 1843 Jacob Spangler died, having made his will, in which he appointed Charles Weiser and Herman Alricks, the executors. Weiser appears to have been the acting executor, and in 1844, -’46, and ’47, he settled his accounts as executor, and received the usual allowances. The account of 1847 seems to be a full settlement of all the assets to which the executors were entitled, and shows the amount to be invested for the legatees or paid to them in pursuance…
1Opinion of the Court
The opinion of the Court was delivered by
Lowrie, J.
— The costs of this proceeding are objected to on the ground that the accountant had no right to settle such an account in Court, since he had no account to render, except of the interest accruing on the fund and of his payments to the beneficiary. And is not this enough ? She had a right to demand an account from him in the Orphans’ Court, and his right to a settlement there was no less. If a trustee unduly multiplies such accounts, the remedy is for the Orphans’ Court to impose the costs on him; and this Court will not be very free in…
2Cited by7 opinions
- Kennedy TrustSupreme Court of Pennsylvania · 1950
- McGuffey's EstateSuperior Court of Pennsylvania · 1936
- Crawford's EstateSupreme Court of Pennsylvania · 1917
- Crawford's EstateSuperior Court of Pennsylvania · 1916
- Dilks EstatePennsylvania Orphans' Court, Philadelphia County · 1962
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