Macpherson's Estate

Citations

• 260 Pa. 492
• 103 A. 887
• 1918 Pa. LEXIS 555

Syllabus

<p>Decedents’ estates — Practice, O. G. — Administrators — Accounts —Reopening of adjudication — Omission of name of heir from petition for distribution — Fraud—Evidence—Laches.</p> <p>In a proceeding in the Orphans’ Oourt for the reopening of the adjudication of an administrator’s account, and for the surcharge of the administrator, it appeared that the administrator had omitted from the petition for distribution the name of one of the next of kin of the decedent, whereby the share of the administrator, who was also of kin to the decedent, was increased; it also appeared that the administrator, through his counsel, had advertised for the heirs of the decedent; and that although he had heard years before of the petitioner, he had no means of knowing, at the time of the audit, whether petitioner was alive; it further appeared that petitioner had delayed five years after learning that he had been excluded from the distribution, before taking steps to open the adjudication. The master to whom the case was referred found that the administrator had not been guilty of fraud in omitting the name of the petitioner from the petition for distribution; further found that the petitioner had been guilty of laches in failing to assert his rights at an earlier date and recommended a dismissal of the petition. The Orphans’ Oourt sustained exceptions to the report of the master. Held, on appeal that the report of the master should have been confirmed.</p>