March 15, 1960
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.
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.
[ 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.
The amount surcharged, $3250.87, shall be paid to the said William C. Ginter, exceptant.
Costs shall be paid by the estate.
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