Mumper's Appeal
Supreme Court of Pennsylvania
THIS was an appeal by John Mumper from the decree of the Orphans’ Court of York county, sustaining the exception to the report of auditors on the account of Henry Sidle, executor of the will of Michael Mumper, sen’r, deceased. Michael Mumper, sen’r, died on the 1st of June 1837. On the 3d of July 1837, his will was proved before the register of York county, and the same day letters testamentary were granted to Henry Sidle, the executor named in the will.
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THIS was an appeal by John Mumper from the decree of the Orphans’ Court of York county, sustaining the exception to the report of auditors on the account of Henry Sidle, executor of the will of Michael Mumper, sen’r, deceased. Michael Mumper, sen’r, died on the 1st of June 1837. On the 3d of July 1837, his will was proved before the register of York county, and the same day letters testamentary were granted to Henry Sidle, the executor named in the will. On the 16th of July 1837, John Mumper, a son and heir of Michael Mumper, sen’r, appealed from the probate of the will to the Register’s…
1Opinion of the Court
The opinion of the Court was delivered by
Kennedy, J.
There is no doubt but all the ordinary expenses *443of administering the estate of the testator by the executor, according to the directions of the will, ought to be paid out of the estate. But it does not appear to me that the $600 claimed by the executor, and allowed him by the Orphans’ Court, as a credit in his administration account of the estate, by way of compensation to counsel for their professional services rendered at his request, upon the trial of a feigned issue directed by the Register’s Court, for the purpose of testing the…
2Cited by18 opinions
- McArthur v. ScottSupreme Court of the United States · 1885
- In re Estate of SoulardSupreme Court of Missouri · 1897
- Reimer's EstateSupreme Court of Pennsylvania · 1893
- Lotzgesell v. CydellWashington Supreme Court · 1911
- Yerkes's AppealSupreme Court of Pennsylvania · 1882
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