Young's Estate

Citations

• 148 Pa. 573
• 24 A. 124
• 1892 Pa. LEXIS 1029

Syllabus

<p>Executor — Surcharge—Assignment-—Mental capacity — Granting issue.</p> <p>It was sought to surcharge ail executor with a loan of decedent to him, and with money collected by him for the decedent during her lifetime. The auditor found that there was no loan to him by decedent; and that the money collected by him had been accounted for to the decedent in her lifetime; and that the total of the money so collected was insufficient to reimburse him for his outlay in a certain purchase of land, costs of a suit, attorney’s fee, etc., as to which decedent in writing had agreed to reimburse and make him whole out of this money; and that as to said agreement the evidence of mental incapacity of decedent to execute it was insufficient to justify awarding an issue, and that there was no evidence of undue influence; and that the application for the issue came too late. The auditor was sustained by the court below, and the Supreme Court affirmed the decree.</p>