Fague's Estate

Citations

• 19 Pa. Super. 638
• 1902 Pa. Super. LEXIS 167

Syllabus

<p>Executors and administrators — Decedent's estates — Assets—Jurisdiction of orphans' court.</p> <p>Where an administrator has charged himself with funds, the prima facie presumption is that such funds are assets belonging to the estate of the decedent, and the orphans’ court has jurisdiction over them. Any one claiming that such funds are a trust estate, has upon him the burden of proof, and it is incumbent upon him to establish his allegation by the quantum and quality of proof which will move a chancellor to decree a trust.</p> <p>Auditor — Auditor's findings of facts.</p> <p>The findings of an auditor upon questions of fact which have been approved by the court below will not be disturbed on appeal except for plain error.</p>