Rees's Estate

Citations

• 246 Pa. 188
• 92 A. 126
• 1914 Pa. LEXIS 491

Syllabus

<p>Decedents’ estates — Executors and administrators — Accounts—• Confirmation — Review—Petition for review — Counsel fees — Reasonable fees — Distribution—Ancillary administration — Manner of stating account — Jurisdiction, O. C.</p> <p>1. A petition for a review of an account settled and confirmed in the Orphans’ Court is properly dismissed where it does not show either an error of law apparent on the face of the record, or new matter which has arisen since the decree, or the subsequent discovery of new evidence which could not have been obtained previously by the use of due diligence.</p> <p>2. A testator dying in Wyoming, unmarried and without issue, left one-fifth of his estate to a brother living in Pennsylvania and the remainder to his other brothers and sisters, living in Wales. The devisee- of the one-fifth of the estate was not found, and the' brothers and sisters in Wales filed depositions with the Orphans’ Court of. Wyoming that such devisee had never married and was supposed to be dead. The Wyoming court decreed distribution and found that the devisee of the one-fifth had died previous to testator’s death, intestate, unmarried and without issue and that the legacy had lapsed, but before distribution was actually made, it appeared that such devisee was qlive at the time of testator’s death and had since died intestate leaving a widow but no issue. An administrator was appointed for the estate of such devisee in Pennsylvania and ancillary letters of administration were taken out in Wyoming. The account was filed in Pennsylvania showing a balance for distribution. Exceptions to the account were sustained in part, the accountant being surcharged with a portion of the fees paid his counsel, the court reducing the amount of the fee. Thereafter the account was confirmed absolutely. Subsequently the administrator petitioned for a re-hearing alleging that certain letters not previously produced would show that the Welsh heirs in testifying regarding the alleged