Opinion
November 26, 1937.
January 3, 1938.
Orphans' court — Practice — Review of account — Limitation of time — Fraud.
An account presented to the orphans' court, advertised, audited, adjudicated and confirmed absolutely, cannot be reviewed after five years from the date of the final decree of confirmation except where fraud is properly alleged and proved.
Argued November 26, 1937.
Before SCHAFFER, MAXEY, DREW, LINN, STERN and BARNES, JJ.
Appeal, No. 332, Jan. T., 1936, from decree of O. C. Phila. Co., April T., 1889, No. 148, in Estate of Caleb Cope, deceased. Appeal dismissed.
Petition to review adjudication.
Petition dismissed, before LAMORELLE, P. J., SINKLER and KLEIN, JJ., opinion per curiam. Petitioner appealed.
Error assigned was dismissal of petition.
Henry D. O'Connor, with him A. Archer Cross, for appellant.
Robert G. Erskine, with him Townsend, Elliott Munson and George Ross, for appellees, were not heard.
This is an appeal from the decree of the orphans' court dismissing a petition for review of an adjudication entered June 2, 1898. Over thirty-nine years having elapsed since the adjudication was entered, it is now too late to reconsider the questions there determined, in the absence of any showing of actual fraud: Elkins's Est., 325 Pa. 373, 190 A. 650; Knox's Est. (No. 1), 328 Pa. 177, 195 A. 28. The situation is not altered by the petitioner's disposition to call an alleged error on the part of the auditing judge a constructive fraud.
Appeal dismissed at appellant's cost.