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Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 212 )

Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 212 )


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1906 Excerpt: ... Arguments--Opinion of the Court. 212 Pa. of the assignment, because of the false statements to her, and the withholding of information from her by the accountant, and this induced the contract: Com. to use v. Julius, 173 Pa. 322; McGrann v. R. R. Co., I11 Pa. 171. That the auditor's report is not binding on the lower court, or even if affirmed by the lower court by the court of last resort; we wish to cite the following authorities: Hindman's App., 85 Pa. 466; Kutz's App., 100 Pa. 75; Miller's App., 102 Pa. 544. Opinion By Mr. Chief Justice Mitchell, June 22,1905: Full consideration of the evidence in this case has brought us to a different conclusion from that of the court below. The auditor and the court have both reviewed the facts in detail, and it would serve no useful purpose for us to do likewise. It will be sufficient to indicate our conclusions briefly and generally. The will gave the executor large discretion and he interpreted his powers liberally. Instead, therefore, of pursuing the directions of the will strictly he followed his own judgment. His management was somewhat dilatory, with an inclination to postpone sale perhaps longer than was really necessary, but the error, if it was one, was of judgment only. There is no evidence which in any fair view supports the charge of fraud. He assumed the risk of loss to himself by departure from strict compliance with the will, but the result was gain and not loss to the estate. After a management of twenty-two years which even if dilatory in realization was careful, attentive and successful, he filed an account (with many payments to the heirs in the meantime) showing an increase of the estate in his hands to threefold the appraisement and expectation. Two facts are of special importance in the view ta...


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Product Details
  • ISBN-13: 9781235809781
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 272
  • Spine Width: 14 mm
  • Width: 189 mm
  • ISBN-10: 1235809781
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 490 gr


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Pennsylvania State Reports Containing Cases Decided by the Supreme Court of Pennsylvania (Volume 212 )
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