Estate of Souder
Supreme Court of Pennsylvania
Appeal No. 188, July T., 1894, by Joseph W. Souder, Margaret Manderson and Harry N. Williams, executors, and Joseph W. Souder, individually, from decree of O. C., Phila. Co., sustaining certain exceptions of the Penn Widows’ Asylum and other legatees, to the adjudication of the auditing judge. Exceptions to adjudication of auditing judge.
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Appeal No. 188, July T., 1894, by Joseph W. Souder, Margaret Manderson and Harry N. Williams, executors, and Joseph W. Souder, individually, from decree of O. C., Phila. Co., sustaining certain exceptions of the Penn Widows’ Asylum and other legatees, to the adjudication of the auditing judge. Exceptions to adjudication of auditing judge. On the audit of the executors’ account before Penrose, J., an adjudication was filed of which the following is a part: “ The provision with regard to the $'7,000, payable by Joseph W. Souder, is as follows: “ ‘ When my brother pays the Seven thousand dollars…
1Opinion of the Court
Opinion by
Mr. Justice Green,
The testimony of Joseph W. Souder is confusing and contradictory but there is enough in it, and in the other facts in evidence, to require an affirmance of the decree of the learned court below. The chief question in the cause is whether the admitted original indebtedness of J. W. Souder to the deceased, of 17,000, was extinguished. The origin of the debt does not appear, but that is not necessary, as the fact of indebtedness was not only admitted, but positively testified to, by the debtor himself. The only circumstance that raises any question on the subject, is…
2Cases cited1 opinion
- Palmer v. GillespieSupreme Court of Pennsylvania · 1880
3Cited by3 opinions
- Dick v. Daylight Garage, Inc.Supreme Court of Pennsylvania · 1939
- Adamson v. SouderSupreme Court of Pennsylvania · 1903
- Keck's EstatePennsylvania Orphans' Court, Berks County · 1929