Estate of Radigan

Citations

• 13 Pa. Super. 131
• 1900 Pa. Super. LEXIS 122

Syllabus

<p>Orphans’ court — Administration accounts — Petition for review of account —Discretion of court.</p> <p>Where the report of an auditor on exceptions to an administrator’s account has been confirmed, a petition to refer the account back to the auditor for the purpose of considering the allowance of collateral inheritance tax is an appeal to the sound discretion of the court, and the decision will not be reviewed except for abuse of such discretion.</p> <p>Appeal — Frivolous appeal — Attorney fee and damages.</p> <p>Where the administrator is himself an attorney, and the petition is not presented until about two years after the confirmation of the auditor’s report, and the delay is due to his remissness, and it is manifest that the appeal was sued out merely for delay, the Superior Court will award the appellee an attorney fee of $25.00 and damages at the rate of six per cent per annum in addition to the lawful interest.</p>