Rahm's Estate

Citations

• 233 Pa. 602
• 82 A. 941
• 1912 Pa. LEXIS 878

Syllabus

<p>Executors and administrators — Trusts and trustees — Res adjudicata.</p> <p>Í. Where at the audit of the account of the administrator of a deceased testamentary trustee, the orphans’ court enters a decree awarding a particular fund to the administrator d. b. n. c. t. a. of the testator who created the trust, to pay the income from such fund to a beneficiary for life, and after her death to pay the corpus of the fund to the administrator of the deceased trustee, and the administrator d. b. n.</p> <p>c. t. a. appeals from the decree, but subsequently discontinues the appeal, the appeal is final and conclusive as to the right of the administrator of the deceased trustee to have the corpus of the fund paid directly to him upon the death of the beneficiary. The administrator</p> <p>d. b. n. c. t. a. upon the audit of his account of the fund after the death of the beneficiary cannot claim it should be awarded to him, inasmuch as such contention is res adjudicata by the former decree.</p> <p>Appeals — Assignments of error — Irregular assignments.</p> <p>2. On an appeal from the orphans’ court assignments of error are irregular and insufficient which simply allege error to the action of the lower court in holding with the contention of the appellee and in not holding in accordance with the contention of the appellant, and which do not set out the ruling of the court On any question involved in the case, or assign for error the decree of the court, the only ruling to which an exception was taken.</p>