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GINTER ESTATE. (03/15/60)

THE SUPREME COURT OF PENNSYLVANIA


March 15, 1960

GINTER ESTATE.

Appeal, No. 71, Jan. T., 1960, from decree of Orphans' Court of Centre County, Estate No. 16707, in re estate of Evan l. Ginter, deceased. Decree, as modified, affirmed. Same case in court below: 20 Pa.D. & C.2d 301. Audit of account. Opinion filed confirming account, and order entered, opinion by CAMPBELL, P.J. Exceptant appealed.

COUNSEL

William U. Smith, with him Smith & Smith, for appellant.

David L. Baird, with him Baird & McCamley, for appellee.

Before Jones, C.j., Bell, Musmanno, Jones, Cohen, Bok and Eagen, JJ.

Author: Bok

[ 398 Pa. Page 441]

OPINION BY MR. JUSTICE BOK

The decree, as modified below, is affirmed on the opinion of President Judge CAMPBELL, of the court below.

The decedent's widow, who is the administratrix c.t.a., is surcharged with one-half of the profits from the business from the death of the decedent to the liquidation of the business. The court below properly found that the widow and William C. Ginter, exceptant, should share the said profits, but overlooked ordering the surcharge. The figure of $6501.74 for the profits was agreed upon at argument, the items comprising it having been thrown into the general account.

Disposition

The amount surcharged, $3250.87, shall be paid to the said William C. Ginter, exceptant.

Costs shall be paid by the estate.

19600315

© 1998 VersusLaw Inc.



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