Olds's Estate

Citations

• 57 Pa. Super. 509
• 1914 Pa. Super. LEXIS 226

Syllabus

<p>Executors and administrators — Compensation—Sale of personal property — Costs of audit — Findings of fact.</p> <p>1. An intestate died leaving stock of a corporation and other personal property. The personal property other than the stock was insufficient to pay the debts. Three of the parties in interest insisted that the stock should be sold. The fourth party protested against the sale of any of the personal property publicly, and proposed a private sale where only the parties interested should be permitted to bid. This party also offered to indemnify the administrator against liability for debts to the extent of her share. The administrator refused the proposition and advertised the property for sale. The sister of the intestate who had protested filed a petition to restrain the sale, and to remove the administrator. The court enjoined the sale; refused to dismiss the administrator, and directed the liabilities of the decedent be ascertained, and the delivery to the petitioner of her share of the stock upon the payment to the administrator of her portion of the liabilities. The costs were imposed upon the estate. This decree was not entered until two years after the date when the administrator proposed to sell the stock. The personal property other than the stock was sold at a sale at which the parties in interest attended and sharply competed with each other in the bidding. The administrator subsequently filed an account and much testimony was taken before the auditor as to what had happened at the sale. No fraud or misconduct was shown to have been committed by the administrator. Held that there was nothing in the conduct of the administrator which called upon the court to disallow his commissions or impose upon him the whole costs of the audit.</p> <p>2. When facts have been found by an auditor, and confirmed by the court below, the appellate court will not interfere, except to correct cases of clear mistake or palpable error.</p>