Alexander's Estate

Citations

• 214 Pa. 369
• 63 A. 799
• 1906 Pa. LEXIS 663

Syllabus

<p>Res adjudicóla — Decree of orphans’ court — Refusal to surcharge — Parties— Injunction.</p> <p>Where certain of the distributees under a will have asked the orphans’ court to surcharge the executor and trustee of the will with failure to collect from another distributee rent and damages for use and occupation of real estate belonging to the decedent, and it is sought through the surcharge to diminish the distributee’s share by the amount of the rent and damages, and it appears that the distributee actively resisted the surcharge, the decree of the orphans’ court refusing the surcharge is final and conclusive, and a suit at law brought by the other distributees in the name of, and with the permission of, the trustee will be properly enjoined by the orphans’ court.</p>