Estate of Gosner

Citations

• 133 Pa. 528
• 19 A. 624
• 1890 Pa. LEXIS 929

Syllabus

<p>(a) A testatrix, by will, created a spendthrift trust in favor of her son D. G. for life, the corpus to go to his heirs after his death. Upon the death of the trustee, H. E. H., her executor and successor in the trust, filed an account for her as trustee, which with his account as executor, was referred to an auditor, to re-state if necessary and to make distribution.</p> <p>(5) The auditor found that under a power in the will, the realty had been sold, and that the son had persuaded the first trustee to give him the proceeds, giving her as securily two notes and a bond and mortgage, afterwards found to be worthless; that H. E. II., as executor of the trustee, obtained judgment against the son under which he attached his interest under the will, and made himself as trustee of the son, garnishee;</p> <p>(c) That the auditor advertised the meetings before him and sent the son notice by mail. The auditor reported, also, that as the son had received the fund itself he was not entitled to interest thereon, and recommended a decree that the estate of the trustee be discharged from all liability for such interest until the son paid his notes and bond.</p> <p>(d) This decree was subsequently confirmed by the court, no exceptions being filed, and about eight years afterwards the son presented petitions for a review of the accounts, alleging want of notice of the confirmation of the accounts, want of jurisdiction by the auditor to make such decree, and fraud on the part of H. E. H.:</p> <p>1. The petitions presented showed no legal grounds upon which the petitioner should have a review of the accounts in question ; the matter of the right to a bill of review in the Orphans’ Court is fully discussed in Jones’s App., 99 Pa. 124; Lehr’s App., 98 Pa. 25; Le Moyne’s App., 104 Pa. 321; Scott's App., 112 Pa. 427.</p>