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3 Grant 260

Sharp's Appeal

Supreme Court of Pennsylvania

Decided February 16, 1859

Supreme Court of Pennsylvania · decided 1859-02-16

<p>1. There is no law that requires the Orphans’ Court to order an issue to try facts arising in the settlement of an administrator’s account.</p> <p>2. After an auditor has made his report it is too late to ask for an issue to. try a fact upon which he has passed.</p> <p>3. Administrators usually have no interest in a question of distribution, and hence no right to appeal for anything decided therein.</p>

Decided 1859-02-16

¶1The opinion was delivered

Per curiam.

¶2This cause was rightly decided.' There is no law that we know of that requires the Orphans’ Court to order an issue to try facts in the settlement of an administrator’s account, and if there were it was too late to ask for it after the auditor had made out his report.

¶3•Usually administrators have no interest in a question of distribution, and have no right to appeal for anything decided in that part of the process. In it the creditors and distributees are alone interested. We do not see that this case is exceptional, for the estate is insolvent. If the administrators have lost by the mismanagement of the estate, that gives them no right to appeal as against the claims of creditors who are let in for distribution.

¶4Appeal dismissed at the costs of the appellan' nd records remitted.

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