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1 Monag. 439

Skinner's Appeal

Supreme Court of Pennsylvania

Decided October 1, 1888

Supreme Court of Pennsylvania · decided 1888-10-01

Appeal, No. 23, May T. 1887, from a decree of the O. 0; Franklin Co., dismissing exceptions to the report of an auditor appointed to distribute the proceeds of sale of the real estate of Elizabeth Skinner, deceased. Trunkey, J., absent. The auditor, W. II. Brewer, Esq., reported the facts substantially as appears by the opinion of the court below. Exceptions were filed to his findings of facts and conclusions of law.

Decided 1888-10-01

Per Curiam,

¶1An examination of this case leaves no doubt in our minds of the rectitude of the conclusions reached by *445the learned master and court below. The 12th and 13th findings of the auditor have not been impeached, and they settle the equitable status of the appellant with reference to his mother’s estate. He must be held to his agreement with his father. He alleged that the money which he owed the latter, in whole or in part, came from her, or her property ; and this seems to have been acquiesced in by the elder Skinner: hence the agreement that it should be regarded as an advancement from her estate. From this contract he cannot now be justly allowed to escape on technical constructions which, however potent they might at one time have been at common law, cannot be entertained in a court of equity.

¶2Appeal dismissed and decree affirmed at the costs of the appellant.

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