Fague's Estate
Fague's Estate
Opinion of the Court
The general rule is that only those who claim through the decedent, as creditors, legatees or next of kin, have any standing in a distribution proceeding in the orphans’ court. The appellant’s contention is that this general rule does not apply
All the assignments of error are overruled, the decree is affirmed and the appeal dismissed at the costs of the appellant.
Reference
- Cited By
- 3 cases
- Status
- Published
- Syllabus
- Executors and administrators — Decedent's estates — Assets—Jurisdiction of orphans' court. Where an administrator has charged himself with funds, the prima facie presumption is that such funds are assets belonging to the estate of the decedent, and the orphans’ court has jurisdiction over them. Any one claiming that such funds are a trust estate, has upon him the burden of proof, and it is incumbent upon him to establish his allegation by the quantum and quality of proof which will move a chancellor to decree a trust. Auditor — Auditor's findings of facts. The findings of an auditor upon questions of fact which have been approved by the court below will not be disturbed on appeal except for plain error.