Hortz's Estate

Citations

• 26 Pa. Super. 489
• 1904 Pa. Super. LEXIS 338

Syllabus

<p>Appeals — Findings of fact by court below — Review.</p> <p>The findings of fact and conclusions of judges, masters, etc., having jurisdiction of the subject-matter and the parties, are entitled to much weight and will only be reversed for clear error. The burden in such case rests on the appellant to satisfy the appellate court of such error in fact, or law, or both, as calls for a reversal to prevent injustice, and failing in that the decree will be affirmed.</p> <p>Where the orphans’ court after a surcharge has permitted on a rehearing a guardian’s account to be restated, a decree striking off the surcharge will not be reversed by the appellate court, where it appears-that the decree was the result of an examination by the auditing judge of the restated account and the original evidence, without any new evidence, and that the finding of the auditing judge was confirmed by the court in banc.</p>