Estate of Bracken

Citations

• 138 Pa. 104
• 22 A. 20
• 1890 Pa. LEXIS 1243

Syllabus

<p>1. Any one to whom an equal share in a decedent’s estate has been awarded, on a distribution thereof by an auditor in the Orphans’ Court, has a right, being interested in the amount of the fund, to except to the findings of the auditor and to have his exceptions considered by the court.</p> <p>2. Where a codicil was admitted to probate on a day subsequent to the probate of the will, and there was no appeal from the decree of the register, or other adverse proceeding to set the codicil aside, it must be regarded as part of the will of the testator, valid against attack collaterally.</p> <p>3. The amount of the fund for distribution was but $1,102,83 ; the whole of the testimony could have been taken at one sitting, and the questions to be decided were very simple: the auditor’s charge of $115 for his services was excessive, and were reduced to $65.</p> <p>4. Where an account presented was confirmed without exception, and an auditor appointed merely to make distribution, the accountant is a mere stakeholder, and the fund is not chargeable with the fees of the counsel for the accountant, for services before the auditor.</p>