Miller's Estate

Supreme Court of Pennsylvania April 14, 1919

Miller's Estate, 264 Pa. 310 (Pa. 1919)

107 A. 684; 1919 Pa. LEXIS 643

Bbown, Feazeb, Simpson, Stewart, Walling

Opinion of the Court

Per Curiam,

This appeal is from an order of the court below removing the appellant as executor of the will of his mother, Annie E. Miller. The order was made on the petition for his removal and his answer thereto, and Ms main complaint is of the refusal of the court to appoint an examiner to take testimony. As the material averments in the petition for the removal were admitted in appellant’s *316answer, there was no necessity to take testimony. In addition to this he admitted that he had misappropriated a portion of the rentals, now made assets for the payment of the debts of a decedent. In-view of those admissions we have not been convinced that the court abused its discretion in removing the appellant, and this appeal is, therefore, dismissed at his costs.

Reference

Cited By: 3 cases
Status: Published
Syllabus: Executors -and administrators — Mismanagement—Removal—Examiner to take testimony — Petition—Answer—Discretion of court. 1. The orphans’ court commits no error in refusing to appoint an examiner to take testimony in a proceeding for the removal of an executor for mismanagement of the estate, where the executor’s answer ’ admits the material averments in the petition for his removal. In such a ease there is no necessity for taking testimony. 2. It cannot be said that the court abuses its discretion in removing an executor for mismanagement of the estate where he admits that he had failed to pay the debts of the decedent and the taxes levied against the estate, and that he had misappropriated a portion of the rentals, made assets for payment of debts, and fails to make any satisfactory explanation of his actions.