5 Watts 157 | Pa. | 1836
The opinion of the Court was delivered by
Since the passageof the act of the 29th of March 1832, it has been repeatedly held, that the supreme court takes cognizance of appeals from the orphans’ court, as an appellate court strictly; and that a decree will not be reversed, but on an exception filed in the court from which the appeal is taken. And this is now the general rule. But the legislature, by a subsequent act, have vested in this court a discretionaiy power to hear and determine such appeals, according to the right and justice of the case. Under this section of the act of the 14th of April 1835, if it was apparent that injustice had been done to the appellant, we should feel ourselves bound to refer the accounts to auditors for further investigation, with proper directions. The appellant complains that the accountant intermingled the rents with the real and personal estate; that he has not distinguished, in the settlement, the proceeds of the respective real estates, sold by the order of the respective courts of York and Dauphin, and that he has charged the dower of the widow, in his administration account. This mode of stating the account cannot be
Appeal quashed.