Dunmore's Estate

Philadelphia County Orphans' Court

Dunmore's Estate

14 Pa. D. & C. 630, 1930 Pa. Dist. & Cnty. Dec. LEXIS 299

CourtPennsylvania Orphans' Court, Philadelphia County

DecidedNovember 28, 1930

DocketNo. 3615

StatusPublished

This text of 14 Pa. D. & C. 630 (Dunmore's 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

Dunmore's Estate, 14 Pa. D. & C. 630, 1930 Pa. Dist. & Cnty. Dec. LEXIS 299 (Pa. Super. Ct. 1930).

Pincite

Opinion

Gest, J.,

The exceptant in this case complains that the Auditing Judge did not allow him an adequate counsel fee. In Scattergood’s Estate, 2 Phila. 158, the Supreme .Court said: “We trust the judgment of an auditor, in matters like this, as we trust a jury in the assessment of damages, never disregarding the decision of either, unless in cases where the error is perfectly glarihg.” This case and many others that followed it were cited in Bergdoll’s Estate, 25 Dist. R. 102, and subsequently in Kujack’s Estate, 4 D. & C. 414. Glaring, or, at least, manifest error must be shown, and no such error appears here.

The exceptions are dismissed and the adjudication is confirmed absolutely.

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Gest, J.,

The exceptant in this case complains that the Auditing Judge did not allow him an adequate counsel fee. In Scattergood’s Estate, 2 Phila. 158, the Supreme .Court said: “We trust the judgment of an auditor, in matters like this, as we trust a jury in the assessment of damages, never disregarding the decision of either, unless in cases where the error is perfectly glarihg.” This case and many others that followed it were cited in Bergdoll’s Estate, 25 Dist. R. 102, and subsequently in Kujack’s Estate, 4 D. & C. 414. Glaring, or, at least, manifest error must be shown, and no such error appears here.

The exceptions are dismissed and the adjudication is confirmed absolutely.

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Bluebook (online)

14 Pa. D. & C. 630, 1930 Pa. Dist. & Cnty. Dec. LEXIS 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunmores-estate-paorphctphilad-1930.