Groff's Estate

Citations

• 36 Pa. Super. 140
• 1908 Pa. Super. LEXIS 125

Syllabus

<p>Practice, O. C. — Lost record — Review—Opening decree.</p> <p>The discretion of the orphans’ court in refusing to open a decree surcharging an executor, will not be reviewed by the appellate court where the ground of the application is the discovery of a paper of record which had been mislaid, and the contents of which would show that the surcharge should not have been made, if it appears that the accountant could easily have discovered the paper if he had made a proper search for it, that he was guilty of inexcusable delay after the decree in making the search, that he subjected the creditors of the estate to the expense and delay incident to an appeal to the Supreme Court, and that even if the decree were opened and the paper admitted, the balance charged against the accountant would not be materially reduced.</p>