31 Pa. 44 | Pa. | 1857
The opinion of the court was delivered by
The executor of Ayres Lynn has been charged
The presumption is in favour of the tenant for life until the contrary appears.
The auditor states sufficient reasons for not charging the accountant with interest, on the first payment, for the real estate sold under the power in the will, and his report in that particular ought to be confirmed.
The other objections to the decree of the Orphans’ Court are overruled.
It is ordered that the decree of the Orphans’ Court be reversed, and that the account, as restated by the audi- • tor, be corrected by striking from the charges against the accountant the items for coal, timber and stone, amounting in the aggregate to $212.37, and by striking from the credit allowed for commissions the sum of $152.26. With these corrections the auditor’s report is confirmed, and a decree made accordingly.