In re Estate of Adams

Citations

• 183 Pa. 134
• 38 A. 514
• 1897 Pa. LEXIS 725

Syllabus

<p>Decedents' estates — Orphans' court practice — Bill of review — Laches.</p> <p>In 1881 a trustee under a will filed an account showing a certain amount in his hands, and a bill of review of said account is now asked. In 1895 the trustee’s executors filed a final account of the trust showing that the trustee had expended the whole fund for the maintenance and care of the cestui que trust in an institution for the insane. The petition for review averred that the trust estate was not a fund in the hands of the trustee, but an interest in a banking house of which the testator and the trustee were partners. The account of 1881 showed on its face that the fund was a deposit in the banking house drawing interest. There was no allegation in the petition that the petitioner was without knowledge of the two accounts filed, or so situated that he could not inspect the same. It also appeared that all the facts were accessible to the petitioner at the time of the filing of the first account. Held, that the petitioner was guilty of laches, and that a bill of review should be refused.</p>