Barnes's Estate

Citations

• 221 Pa. 399
• 70 A. 790
• 1908 Pa. LEXIS 495

Syllabus

<p>Practice, O. C. — Findings of fact — Evidence—Act of June 16, 1836, P. L. 682.</p> <p>Under the Act of June 16,1836, P. L. 682, which requires the Supreme Court on an appeal from the orphans’ court “to hear, try and determine the merits” of the case and “decree according to the justice and equity thereof,” the Supreme Court will not disturb a finding of fact by an auditing judge, confirmed by the court, unless there be no evidence to support it, or it is clearly so erroneous, that to uphold it would be injustice.</p> <p>Executor and administrator — Advances by executor — Bond for protection —Evidence—Parol evidence — Contradiction of written instrument.</p> <p>Where an executor takes from the distributees of the estate successive bonds to secure himself for necessary advances made by him to protect the estate, and at the audit he presents all of the bonds as existing liabilities against the distributees, the latter may show that the executor in taking the last bond, which was much smaller in amount than the others, had done so upon the distinct representation that the sum represented by that bond was all that was due him, and that he would destroy all the other obligations that had been given to him. The offer of such evidence is not an attempt to set aside a written instrument on the ground of fraud, accident or mistake.</p>