Clay v. Irvine
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Venango county. William Irvine and Mary, his wife, against William Clay, administrator of Agnes Clay, deceased. This was a scire facias upon a transcript filed of a balance in the hands of the defendant as administrator of the estate of Agnes Clay, (formerly Agnes Stewart), his deceased wife, as found by auditors; to which the defendant pleaded payment with leave, &c.
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ERROR to the Common Pleas of Venango county. William Irvine and Mary, his wife, against William Clay, administrator of Agnes Clay, deceased. This was a scire facias upon a transcript filed of a balance in the hands of the defendant as administrator of the estate of Agnes Clay, (formerly Agnes Stewart), his deceased wife, as found by auditors; to which the defendant pleaded payment with leave, &c. The plaintiff gave in evidence the report of auditors, showing a balance of #458.10 upon the administration account of William Clay, administrator of Agnes Clay, deceased. It was admitted that Mary…
1Dissent
Huston, J.,
dissenting. — The paper-book in this case is very short, though long enough to bring up the only point on which the court below were alleged to have erred, viz., in rejecting evidence to prove that William Clay, the defendant below, was a man of limited means of supporting and educating his children, and unable to do so without using the means received from the estate of his former wife, their mother, and that he maintained and educated the plaintiff, Mary, from the time she was three years old till she was married at the age of about 18. The court rejected this evidence, and this…
2Cases cited2 opinions
- Thompson v. M'GawSupreme Court of Pennsylvania · 1834
- Clark v. CallaghanSupreme Court of Pennsylvania · 1834