Regan's Estate

Supreme Court of Pennsylvania
Regan's Estate, 219 Pa. 176 (Pa. 1907)
68 A. 44; 1907 Pa. LEXIS 628
Brown, Elkin, Fell, Mestrezat, Mitchell, Potter, Stewart

Regan's Estate

Opinion of the Court

Per Curiam,

All the assignments of error are to findings of fact, the *178principal one being to the surcharge on the ground that the sale of the decedent’s goods was grossly negligent if not legally fraudulent against creditors as a sale to the administratrix herself. The circumstances of the sale were such that the auditor drew the inference that it was in violation of the rule that a trustee may not buy at his own sale. There was evidence to sustain this view and the finding having been approved by the court we can only disturb it for clear error, which has not been shown.

Decree affirmed.

Reference

Status
Published
Syllabus
Auditor — Findings of fact — Executors and administrators — Fraud— Sale. A finding of fact by an auditor approved by the court that an administratrix was guilty of gross negligence and fraud in conducting a sale of decedent’s personal property, and buying at her own sale, will not be reversed by the Supreme Court where there is evidence to support the finding, and there is no manifest error.