Legal Opinion

Estate of Nagle

Supreme Court of Pennsylvania

Decided March 31, 1890No. 72PublishedCited by 4 opinions

APPEAL BY PRISCILLA HESS EX AL. PROM THE ORPHANS’ COURT OP NORTHAMPTON COUNTY. No. 72 January Term 1890, Sup. Ct.; court below, number and term not given. On March 4, 1889, an account in the estate of Christian Nagle, deceased, stated by Mary L. Nagle, executrix of James E. Nagle, deceased, who was executor of the will of Christian Nagle, was presented to the court below and confirmed nisi.

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APPEAL BY PRISCILLA HESS EX AL. PROM THE ORPHANS’ COURT OP NORTHAMPTON COUNTY. No. 72 January Term 1890, Sup. Ct.; court below, number and term not given. On March 4, 1889, an account in the estate of Christian Nagle, deceased, stated by Mary L. Nagle, executrix of James E. Nagle, deceased, who was executor of the will of Christian Nagle, was presented to the court below and confirmed nisi. Subsequently, the court appointed Mr. P. O. Pvans auditor to examine, and, if necessary, re-state the account, and to report distribution. Among the items of credit claimed in the account was the…

1Opinion of the Court

Opinion,

Mr. Justice Clark:

When the check which is the subject of controversy in this case was presented to the auditor for adjudication, it was objected to, upon the ground that there was an alteration in the *41amount; that the alteration was apparent and manifest upon the face of the check, and that the burden was upon the holder, before the check could be received in evidence, by competent proofs to explain it, and to show, either that the alteration was made before its execution, or afterwards, with the consent of the drawer. The auditor, however, was of opinion that the check did not…

2Cases cited5 opinions

  1. Miller v. ReedSupreme Court of Pennsylvania · 1856
  2. Simpson v. StackhouseSupreme Court of Pennsylvania · 1848
  3. Clark v. EcksteinSupreme Court of Pennsylvania · 1854
  4. Heffner v. WenrichSupreme Court of Pennsylvania · 1859
  5. Paine v. EdsellSupreme Court of Pennsylvania · 1852

3Cited by4 opinions

  1. Colonial Trust Co. v. GetzSuperior Court of Pennsylvania · 1905
  2. Cornog v. WilsonSupreme Court of Pennsylvania · 1911
  3. Sunday v. DietrichSuperior Court of Pennsylvania · 1901
  4. Abercrombie EstatePennsylvania Orphans' Court, Allegheny County · 1959

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