Smith v. Hay
Supreme Court of Pennsylvania
Appeal, No. 91, Oct. T., 1889, by defendant, Peter S. Hay, from judgment of C. P. Somerset Co., Feb. T., 1888, No. 95, on verdict for plaintiff, Evora N. Smith.
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Appeal, No. 91, Oct. T., 1889, by defendant, Peter S. Hay, from judgment of C. P. Somerset Co., Feb. T., 1888, No. 95, on verdict for plaintiff, Evora N. Smith. Feigned issue to determine whether defendant who had received $1,060 from Elijah Wagner on September 29,1884, was indebted to said Wagner in said sum with the interest thereon at the time of the death of Wagner on April 5, 1886. On the trial, before Baer, P. J., the evidence -was to the effect that Elijah Wagner held notes against defendant to the amount of $1,060; these notes were surrendered to defendant on the following agreement…
1Opinion of the Court
Opinion by
Mr. Justice McCollum,
The appellant, who is the .executor of the last will and testament of Elijah Wagner who died on the fifth of April, 1886, filed an account of his administration of the estate on the first of September, 1887. To this account Evora N. Smith, who is a granddaughter of the testator, and to whom he gave all his property, filed exceptions. The only exception which has any connection with this litigation is in the words and figures following, to wit: “ The executor has not charged himself with the amount of his indebtedness to said estate, consisting of cash in hand…
2Cited by9 opinions
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- Jack v. KintzSupreme Court of Pennsylvania · 1896
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