Shultz's Estate

Citations

• 46 Pa. Super. 546
• 1911 Pa. Super. LEXIS 312

Syllabus

<p>Auditor — Findings of fact — Pedigree—Review.</p> <p>1. An auditor’s findings of fact on a question of pedigree when based upon competent evidence and confirmed by the orphans’ court will not be reversed by the appellate court in the absence of manifest error.</p> <p>Decedents’ estates — Wrongful distribution — Absent heir — Practice, O.C.</p> <p>2. Where distribution of a decedent’s estate has been made promptly at the end of the year from the death of decedent by an auditor among collateral kin, and shortly thereafter a boy thirteen years old who was bom in a distant state where he always resided, appears as the heir of the decedent, and by his guardian demands that the confirmation of the auditor’s report be set aside and the discharge of the administrator and his bondsman be revoked, and an agreement is made among the parties to this effect, and to recommit the question of distribution to the auditor, the administrator cannot complain of a decree directly against him, before every available remedy has been exhausted against the collateral kin among whom the estate had been distributed.</p>