Sutton's Estate

Decided July 17, 1901

Supreme Court of Pennsylvania · decided 1901-07-17

Appeal, No. 264, Jan. T., 1900, by Almira Sutton et al., from judgment of Superior Court, Jan. T., 1900, No. 58, affirming decree of O. C. Luzerne Co., No. 704, of 1875, in estate of Silas Sutton, deceased. Appeal from Superior Court. W. W. Porter, J., after stating the facts as set forth in Sutton’s Estate (No. 1), ante, p. 158, affirmed the decree of the orphans’ court in an opinion which was in part as follows : The appellant is the wife of Ira G. Sutton.

Affirmed · Decided 1901-07-17

¶1Opinion by

Mr. Justice Potter,

¶2We see no error in the construction adopted by the Superior Court, of the contract of October 9,1878. The terms of the agreement fully justify the conclusion that the estate is a fund out of which payment for the improvements is to be made. Neither do we see any cause to question the allowance of the . claim of Peter Sutton, for the appraised value of the improvements.

¶3 *165The only point in which we differ from the judgment of the Superior Courtis in the refusal to allow interest upon the claim for the value of the improvements. But this question has been ruled in the opinion just filed in the appeal of Peter Sutton, at No. 246, January term, and need not be discussed here.

¶4The assignments of error are overruled, and, with the modification noted, as to the allowance of interest upon the claim of Peter Sutton, the judgment is affirmed.