Kunkle's Estate

Citations

• 21 Pa. Super. 200
• 1902 Pa. Super. LEXIS 338

Syllabus

<p>Practice, O. C. — Rules of court — Construction of rule.</p> <p>Upon a question of the construction or application of its own rules, the orphans’ court can be reversed only for manifest and material error.</p> <p>Where a rule of court provides that in order to entitle a supplemental petition or a replication to be received as conclusive proof of the facts therein alleged which are not denied by counter affidavit, it must be “ duly filed on record in the case,” a finding of the orphans’ court that the affidavit was not “ duly filed” at such time as made it incumbent upon the adverse party to file a counter affidavit, will not be reversed by the appellate court, where there is nothing in the record to convict the lower court of error in so finding.</p> <p>Practice, O. C. — Legatee's day in court — Abatement of legacy — Estoppel.</p> <p>A legatee whose legacy has been abated lor the payment of debts in proceedings before an auditor and the orphans’ court, cannot in a subsequent proceeding in the same court be heard to complain of such decree because she had not her day in court, where the record showed that the parties in interest attended at the first hearing, that the legatee was awarded and paid a small sum which she claimed as a debt against the estate, that notices were sent out by the auditor as to the date of filing his reports, and that the reports were confirmed.</p> <p>Orphans' court — Equity powers — Marshaling assets.</p> <p>The orphans’ court has jurisdiction to marshal the assets of a decedent’s estate between legatees and devisees. Such jurisdiction may be exercised without a formal petition, by exceptions filed by a devisee and creditor to a report of an auditor, because abatements of legacies had not been made. In such a case an order referring the matter back to the auditor enlarges the scope of his duties whatever they may have been under his original appointment.</p> <p>Devise — Charge on land — Interest—Abatement of legacy.</p> <p>Where a devise