Estate of Lazarus
Pennsylvania Orphans' Court, Luzerne County
No. 329 January Term 1891, Sup. Ct.; court below, number1 and' term not shown. On November 2, 1889, George B. and Chester B. Lazarus, administrators of the estate of Thomas Lazarus, deceased, filed their first partial account. Exceptions being filed thereto, an auditor (whose name was not shown) was appointed to hear and determine the same and to report distribution. On May 12,1890, the auditor filed a report in part as follows VI.
Read the full summary
No. 329 January Term 1891, Sup. Ct.; court below, number1 and' term not shown. On November 2, 1889, George B. and Chester B. Lazarus, administrators of the estate of Thomas Lazarus, deceased, filed their first partial account. Exceptions being filed thereto, an auditor (whose name was not shown) was appointed to hear and determine the same and to report distribution. On May 12,1890, the auditor filed a report in part as follows VI. George Lazarus presented a claim founded on a note for $2,000, made by decedent in his lifetime, and remaining unpaid. From the evidence the auditor finds as…
1Per curiam
The thirteen assignments of error all point in one direction. In different forms they present the question whether there was sufficient evidence to take the note in controversy out of the statute. While the testimony was conflicting, there was enough, perhaps, to sustain either view of the case, and it became the *108duty of the auditor and the court below to weigh it, and decide as to which side the scale inclined. The master held there was a sufficient acknowledgment of the debt, and in this he was sustained by the court below. The case is exceedingly close upon the facts, and the writer is bjr…
2Cited by4 opinions
- Maust v. Pennsylvania & Maryland Street Railway Co.Supreme Court of Pennsylvania · 1908
- McCahan's EstateSupreme Court of Pennsylvania · 1908
- Barnes's EstateSupreme Court of Pennsylvania · 1908
- In Re Est. of W.J. HartzellSuperior Court of Pennsylvania · 1932