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.
PER CURIAM, January 3, 1938:
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.