Opinion
November 17, 1941.
November 19, 1941.
Kuhn's Estate, 146 Pa. Super. 1, held controlling.
Appeal, No. 10, Oct. T., 1941, from decree of O.C., Del. Co., Sept. T., 1939, No. 87, in Estate of S. Elizabeth Winter, deceased.
Before KELLER, P.J., CUNNINGHAM, BALDRIGE, STADTFELD, RHODES, HIRT and KENWORTHEY, JJ. Decree reversed.
Audit of account of executrix. Before McDONOUGH, P.J.
Adjudication filed allowing social security tax claim but denying it priority over general claims. Exceptions to adjudication by United States dismissed, opinion by McDONOUGH, P.J., Exceptant appealed.
Error assigned related to the action of the court below in dismissing the exceptions.
Gerald A. Gleeson, United States Attorney, and J. Barton Rettew, Jr., Assistant United States Attorney, for appellant.
George T. Butler and Robert W. Beatty, of Butler Beatty, for appellee.
Submitted November 17, 1941.
It is conceded that this appeal is governed by the decision of this court in Kuhn's Estate, 146 Pa. Super. 1, 21 A.2d 513.
Accordingly the decree must be reversed and the claim of the United States for taxes allowed priority.
It is so ordered. Costs to be paid out of the estate.