Barclay's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Philadelphia: In the estate of Herman Hooker, deceased. Herman Hooker died in September 1865, leaving a will with codicils, which were proved October 14th 1865. Mary J. Hooker and Richard McCauley, the executors, settled an account, showing in their hands a balance of $9053.01. The account was referred to James H. Campbell, Esq., as auditor, for adjustment and distribution.
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Appeal from the decree of the Orphans’ Court of Philadelphia: In the estate of Herman Hooker, deceased. Herman Hooker died in September 1865, leaving a will with codicils, which were proved October 14th 1865. Mary J. Hooker and Richard McCauley, the executors, settled an account, showing in their hands a balance of $9053.01. The account was referred to James H. Campbell, Esq., as auditor, for adjustment and distribution. After making some alterations in the account, the auditor found the balance for distribution to be $9553. The only matter controverted in the Supreme Court was a claim made…
1Opinion of the Court
The opinion of the court was delivered,
by Sharswood, J.
— There can be no more unequivocal acknowledgment of a present existing debt than a payment on account of it, and according to all the authorities, this is all that is required to take a case out of the Statute of Limitations. Rut then it must plainly appear, and not be matter o.f conjecture merely, that the payment was made on account of the very debt which is in dispute. This principle was settled in Burr v. Burr, 2 Casey 284, which, whatever may be thought of the propriety of the application of it to the facts of that case, stands so…
2Cited by13 opinions
- Maniatakis' EstateSupreme Court of Pennsylvania · 1917
- McPhilomy v. ListerSupreme Court of Pennsylvania · 1941
- White v. Pittsburgh Vein Coal Co.Supreme Court of Pennsylvania · 1920
- Kaufmann's EstateSupreme Court of Pennsylvania · 1928
- Barnes v. Pickett Hardware Co.Supreme Court of Pennsylvania · 1902
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