Welch's Appeal
Supreme Court of Pennsylvania
Appeal of Benjamin G. Welch, executor of the estate of William Hancock, deceased, from the decree of the Orphans’ Court of Montour County. William Hancock died December 1st, 1872. In his will he appointed James Cousert his executor, and provided' that in case of the death of Cousert, Benjamin G. Welch should succeed him as executor.
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Appeal of Benjamin G. Welch, executor of the estate of William Hancock, deceased, from the decree of the Orphans’ Court of Montour County. William Hancock died December 1st, 1872. In his will he appointed James Cousert his executor, and provided' that in case of the death of Cousert, Benjamin G. Welch should succeed him as executor. Letters testamentary were granted to Cousert, who settled his account and died in 1874. Letters were then issued to Welch March 27th, 1875. He filed his account February 24th, 1879, showing receipts to the credit of the estate of $5502.80, and charges against the…
1Opinion of the Court
Per Curiam :
It would have been more regular if the Court had recommitted the report of the auditor with direction to find and report the facts. The Court, however, determined to act themselves as auditors, and their finding of the facts is certainly entitled to all the weight which an auditor’s finding would have had. Upon these facts thus found we are of opinion that the decree was perfectly right, and we affirm this decree upon the opinion of the learned Court.
Decree affirmed, and appeal dismissed at the costs of the appellant.
2Cited by1 opinion
- Rosenthal's EstatePennsylvania Orphans' Court, Philadelphia County · 1939