Geiger's Appeal

Citations

• 1 Monag. 547
• 16 A. 851
• 1889 Pa. LEXIS 1303

Syllabus

<p>A testator by his will devised and bequeathed to his wife, “ her heirs and assigns forever,” all his property. By a subsequent clause, he directed that, if his executors should see proper, they should sell his property to pay debts. He then further directed: “Also I do direct after the death of my wife, the property both real and personal shall and must he sold, and all my just debts paid, and the remainder of the money to he equally shared amongst my children.” Seld that the widow took a life estate, and that it was her duty to keep down i/nterest on incumbrances; and, that the executor was liable to be surcharged for such interest paid by him and charged in the account, and also for the corpus -of the estate consumed by the widow, although the money was received by the widow when she was a co-executor, the account being filed after her death.</p> <p>An executor claimed a booh account against his testator’s estate. He was the only witness to prove it; the auditor found that the hook was not a booh of original entries, and that the claim ran hack to 1847. Seld that the claim should he disallowed.</p> <p>An executor who appeared to have used the moneys of the estate as his own, kept no separate hank account, did not produce vouchers for many items of credit, and filed such an account as to cause a long, tedious and expensive audit, was held not entitled to commissions, or to counsel fees before the auditor on exceptions.</p>