Appeal of Miller
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Franhlin county: Of May Term, 1884, No. 13. Appeal of Jacob J. Miller and David R. Miller, administrators of John Miller, deceased, from a decree of said court, sustaining exceptions to the report of an Auditor, appointed to audit the account of said administrators and make distribution of the fund in their hands.
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Appeal from the Orphans’ Court of Franhlin county: Of May Term, 1884, No. 13. Appeal of Jacob J. Miller and David R. Miller, administrators of John Miller, deceased, from a decree of said court, sustaining exceptions to the report of an Auditor, appointed to audit the account of said administrators and make distribution of the fund in their hands. John Miller died, intestate, November 22d, 1880, and Eve, his wife, died intestate on September 6th, 1881. They left surviving them two sons, Jacob J. and David R.-Miller, and one daughter, Susan Miller, afterwards Mrs. Benjamin Funk. Jacob J. and…
1Opinion of the CourtJustice Clark
It is certainly true, that a conveyance of lands, by a parent to a child, in the form of a gift, or the payment by the parent of the purchase money of lands conveyed to the child, is prima facie, an advanced portion; and the presumption of an advancement, in such a case, is greatly strengthened when the value bears any considerable proportion to the parent’s whole estate. This rule of law is well settled under our decisions: Dutch’s Appeal, 7 P. F. S. 466 ; Wagner’s Appeal, 2 Wr. 122; Murphy v. Nathans, 10 Id. 508; Weaver’s Appeal, 13 P. F. S. 309. The law presumes, that in the distribution…
2Cited by4 opinions
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- King v. KingSupreme Court of Pennsylvania · 1924
- Estate of Samuel R. GrissingerSuperior Court of Pennsylvania · 1931
- Grove's EstateSuperior Court of Pennsylvania · 1909