237 Pa. 115 | Pa. | 1912
Opinion by
In the adjudication of his final account as administrator of the estate of Maria Smith, deceased, appellant was surcharged with the sum of $2,345.75 for money which, as the court found, belonged to the estate of his decedent, and which was unaccounted for. The appeal is from this decree of surcharge, and its correctness is the only matter for our consideration. The appellant was a grandson of Maria Smith, and for nearly a year before the latter’s death, he had held a written power of attorney as her attorney in fact. It does not appear what duties he discharged or what service he rendered as such attorney, but since Maria Smith was absolutely without property, except as she was entitled to share in the estate of a deceased'son, then in process of settlement, it may be assumed that what
The contention that the matter of the surcharge was res adjudicata because a like effort had been made in connection with adjudication of appellant’s first account and failed, is without merit. The record discloses- the fact that the question was not then passed upon, but was expressly reserved for consideration with the final account.
The assignments of error are overruled, and the decree is affirmed at the cost of appellant.