Appeal of Coxe

Citations

• 120 Pa. 98
• 13 A. 727
• 1888 Pa. LEXIS 462

Syllabus

<p>A testator constituted Ms wife Ms residuary legatee and one of the executors of his will. An account was settled by the acting executor, showing inter alia a reservation of certain securities to provide for the payment of two annuities. The account was confirmed without an audit on a statement signed by the widow as residuary legatee voucMng for its correctness.</p> <p>Tlie securities reserved to provide for said annuities passed into the hands of the widow, as executrix and residuary legatee, who afterwards remarried. On petition of one of the annuitants for an order on the executrix to pay the arrears of the annuity and to give security for further payment: Held,</p> <p>1. That the Orphans’ Court had full jurisdiction to make the decree ordering payment of arrears and requiring the security prayed for.</p> <p>2. That it has not been either the policy or the practice of this court to reverse the findings of a master on the facts, when approved by the court, except in cases where the error is flagrant.</p>