Mueller's Estate
Supreme Court of Pennsylvania
Appeal, No. 7, July T., 1893, by Wiegand E. Wenderotb, claiming to be a creditor, from decree of O. C. Pbila. Co., Jan T., 1891, No. 334, dismissing exceptions to adjudication in estate of Emil J. Mueller, deceased. Exceptions to adjudication of executor’s account. Before tbe auditing judge, Ferguson, J., Wiegand E. Wenderotb claimed to recover $1,200 alleged to bave been loaned to decedent. Wm.
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Appeal, No. 7, July T., 1893, by Wiegand E. Wenderotb, claiming to be a creditor, from decree of O. C. Pbila. Co., Jan T., 1891, No. 334, dismissing exceptions to adjudication in estate of Emil J. Mueller, deceased. Exceptions to adjudication of executor’s account. Before tbe auditing judge, Ferguson, J., Wiegand E. Wenderotb claimed to recover $1,200 alleged to bave been loaned to decedent. Wm. Knowles, a witness called on bebalf of Wiegand E. Wenderotb, testified as follows: “ Q. Did you know E. J. Mueller in bis lifetime? A. Yes, sir. Q. Mr. Mueller bought a certain property. Will you…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
As was well said in Carpenter v. Plays, 153 Pa. 432: “ Claims against a dead man’s estate which might have been made against himself while living, are always subjects of just suspicion, and our books, from Graham v. Graham, 34 Pa. 475, to Miller’s Ap., 136 Pa. 239, 249, are full of expressions by this court of the necessity of strict requirement of proof, and the firm control *593of juries in such cases.” It was, therefore, incumbent on appellant, asserting his right as a creditor of the estate to participate in the distribution, to substantiate his claim by…
2Cases cited3 opinions
- Graham v. Graham's ExecutorsSupreme Court of Pennsylvania · 1859
- Estate of MillerPennsylvania Orphans' Court, Berks County · 1890
- Carpenter v. HaysSupreme Court of Pennsylvania · 1893
3Cited by8 opinions
- Conrad's EstateSupreme Court of Pennsylvania · 1938
- Rosencrance v. JohnsonSupreme Court of Pennsylvania · 1899
- In Re Pierson's EstateMichigan Supreme Court · 1937
- Nicolazzo EstateSupreme Court of Pennsylvania · 1964
- Pierson v. SanbornMichigan Supreme Court · 1937
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