Estate of Crawford

Citations

• 10 Pa. Super. 587
• 1899 Pa. Super. LEXIS 323

Syllabus

<p>Appeal — Auditor's findings of fact — Weight of evidence.</p> <p>The findings of an auditor will be sustained by the appellate court when based upon testimony unequivocal and to some extent circumstantial of three witnesses testifying directly to the payment in question or the admission of the executor that he had received it, and when there is nothing in the opinion of the court below reciting facts which justify the overruling of the auditor’s finding.</p> <p>Decedent's estate — Accounting of executor — Surcharge.</p> <p>Hand money paid to the attorney of an executor under articles of agreement of sale of real estate which was to be binding only in case certain liens could be released, the sale never having been consummated, does not belong to the estate but to the payor. Hence in an accounting the executor cannot be surcharged with the amount in question which belongs to the intending purchaser.</p>