Stine's Estate

Citations

• 16 Pa. Super. 12
• 1901 Pa. Super. LEXIS 4

Syllabus

<p>Practice — Orphans' court — Reference of report bach to auditor — Findings of fact.</p> <p>The orphans’ court has the power to refer an auditor’s report back to the auditor for further findings of fact where it appears that the facts found are meager,and that the court cannot reach a just conclusion-on the facts reported.</p> <p>Will — Ademption of legacy — Assignment of insurance policy.</p> <p>Where a testator assigns absolutely a paid up policy of life insurance on his own life to his brother who undertakes to pay, and does pay the expenses of the education of testator’s son, which amounted to about the value of the paid up policy at the time of the assignment, and subsequently the testator died leaving a legacy to the. son by a codicil prior in date to the assignment of about double the amount of the expenses paid for his education, the legacy is adeemed to the extent of such expenses. In such a case the ownership of the proceeds of the policy in excess of the sum paid for the son’s education cannot be determined by the orphans’ court upon the adjudication of the executor’s account. Whether the assignee took the policy at its value at the time of the assignment or took it merely as security for advancements which he was to make to the son for his education, are questions which can be determined only in a suit between the executor and the assignee of the policy.</p>