Fieser's Estate
Fieser's Estate
Opinion of the Court
The appellant filed two exceptions to the executor’s account: first, that the accountant had not charged himself with all the moneys he received or should have received; second, that he was not entitled to a certain credit amounting to $75.00, which he claimed was due to his wife for services rendered to the testatrix. An auditor was appointed to report on the exceptions and to make distribution. His report sustaining the second exception and overruling the first, and also charging the costs of audit to the fund was confirmed by the court. The complaint is that these costs ought to have been imposed on the accountant. This might have been proper if the audit was rendered necessary by his dereliction exclusively. But that is not this case. The accountant successfully defended against the attempt to
The decree is affirmed and the appeal dismissed at the costs of the appellant.
Reference
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Appeal — Costs—Discretion of court. There is no fixed rule which controls the apportionment of cost arising from an audit of an executor’s account to which exceptions have been filed. Where the auditor’s report and the testimony are not before the appellate court, it is not in a position to say that the court below erred in its disposition as to costs.