Garman's Estate

Citations

• 32 Pa. Super. 494
• 1907 Pa. Super. LEXIS 40

Syllabus

<p>Decedents’ estates — Costs—Auditor.</p> <p>Where an auditor is appointed by the orphans’ court to pass upon exceptions and make distribution, and the auditor charges all the expenses of the audit on the estate, the court will not disturb the auditor’s disposition of costs, where there is no way by which it can be determined how much of the expense should be chargeable to distribution, and how much to the disposition of the exceptions.</p> <p>Appeals — Executors and administrators — Trusts and trustees — Testamentary trustee.</p> <p>Although executors and administrators as such have no right to appeal from a decree distributing the funds in their hands, yet if such a person takes an appeal, not only as administrator d. b. n. c. t. a., but also as testamentary trustee, the appeal may be sustained.</p> <p>Decedents’ estates — Auditor—Distribution.</p> <p>Where an auditor “is asked to indicate the person to receive the share” of one of the legatees, but no particular person is indicated to him, he cannot be convicted of error in distributing the share to “the trustee appointed, or hereafter to be appointed” of the legatee mentioned.</p> <p>Auditor — Findings of fact — Review.</p> <p>Where facts have been found, and the discretion of an auditor properly exercised, and his report has been confirmed by the orphans’ court, the appellate court will not interfere.</p>