Andrews' Estate

Philadelphia County Orphans' Court

Andrews' Estate

30 Pa. D. & C. 271, 1937 Pa. Dist. & Cnty. Dec. LEXIS 115

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedOctober 29, 1937

Docketno. 1064 of 1937

StatusPublished

This text of 30 Pa. D. & C. 271 (Andrews' Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Andrews' Estate, 30 Pa. D. & C. 271, 1937 Pa. Dist. & Cnty. Dec. LEXIS 115 (Pa. Super. Ct. 1937).

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Opinion

Per Curiam,

This is an exemption claim under section 12 of the Fiduciaries Act of June 7, 1917, P. L. 447, made by an adult married daughter of decedent. The auditing judge made an affirmative finding of fact that the family relationship did not exist at the time of decedent’s death. Such finding has the effect of a verdict of a jury, and will not be disturbed except upon manifest error. We have reviewed the evidence with considerable care and are of opinion that there is sufficient testimony to support such finding.

An additional reason for refusing to allow the exemption is that claimant delayed asserting her claim for nearly four years since the death of decedent. Irrespective of when assets may have come into the fiduciary’s hands, such delay is fatal to the allowance of the claim.

For the reasons set forth in the adjudication, and under the authorities cited by the auditing judge, the exceptions are dismissed and the adjudication confirmed absolutely.

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Per Curiam,

This is an exemption claim under section 12 of the Fiduciaries Act of June 7, 1917, P. L. 447, made by an adult married daughter of decedent. The auditing judge made an affirmative finding of fact that the family relationship did not exist at the time of decedent’s death. Such finding has the effect of a verdict of a jury, and will not be disturbed except upon manifest error. We have reviewed the evidence with considerable care and are of opinion that there is sufficient testimony to support such finding.

An additional reason for refusing to allow the exemption is that claimant delayed asserting her claim for nearly four years since the death of decedent. Irrespective of when assets may have come into the fiduciary’s hands, such delay is fatal to the allowance of the claim.

For the reasons set forth in the adjudication, and under the authorities cited by the auditing judge, the exceptions are dismissed and the adjudication confirmed absolutely.

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Bluebook (online)

30 Pa. D. & C. 271, 1937 Pa. Dist. & Cnty. Dec. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/andrews-estate-paorphctphilad-1937.