Leeper's Appeal

Citations

• 2 Monag. 478
• 14 A. 331
• 1888 Pa. LEXIS 782

Syllabus

<p>The exceptions to an administrator’s account averred, in effect, that the administrator purchased at his own sale the interest of the decedent in the real estate by selling it to one with whom he was in partnership, asking for a surcharge to the extent of the full value of the property sold. The auditor found that, while the property was bought by the administrator’s partner, there was no evidence that it was bought for the administrator, and that there was no fraud. The findings of faot by the auditor were affirmed by the court. Held, that the supreme court would not reverse, although the decedent had been a member of a partnership with the administrator, which was dissolved by mutual consent, and the fund in the administrator’s hands were the proceeds of the sale of the decedent’s interest in the land lately held in partnership.</p>