Legal Opinion

Donlevy's Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided November 15, 1935No. 3602 of 1934Published

1Opinion of the Court

Stearne, J.,

Exceptions have been filed to an auditing judge’s allowance of a claim of a corporation against the decedent’s estate. The claim is based upon an alleged illegal and irregular payment of corporate funds (designated on the corporate books as “interest”) by the corporation itself to decedent in his lifetime. Such payments were made from July 7, 1930, to July 2,1934. Decedent died August 22,1934.

At the inception it must be borne in mind that: “A claim against the estate of a decedent must be as definite and precise as is required to recover a debt in an action at law. While formal…

2Cases cited7 opinions

  1. Gilbraith's EstateSupreme Court of Pennsylvania · 1921
  2. Hirst's EstateSupreme Court of Pennsylvania · 1922
  3. Dock v. Schlichter Jute Cordage Co.Supreme Court of Pennsylvania · 1895
  4. Wolf v. Excelsior Automatic Scale & Supply Co.Supreme Court of Pennsylvania · 1921
  5. Beltz v. GarrisonSupreme Court of Pennsylvania · 1916

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