Sweeney's Estate
Superior Court of Pennsylvania
Appeal, No. 154, Oct. T., 1921, by Gabrielle O’Neil, from decree of O. C. Pbila. Go., Jan. T., 1921, No. 257, sustaining exceptions to adjudication in the Estate of Morgan Sweeney, deceased. Exceptions to adjudication. Before Gummey, J. The facts are stated in the opinion of the Superior Court.
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Appeal, No. 154, Oct. T., 1921, by Gabrielle O’Neil, from decree of O. C. Pbila. Go., Jan. T., 1921, No. 257, sustaining exceptions to adjudication in the Estate of Morgan Sweeney, deceased. Exceptions to adjudication. Before Gummey, J. The facts are stated in the opinion of the Superior Court. The auditing judge found that the daughter survived her father, the decedent in this case, and awarded the balance in the hands of the administratrix of the decedent to the administratrix of the estate of the daughter. On exceptions to the adjudication, the court in banc sustained the exceptions, and…
1Opinion of the Court
Opinion by
Linn, J.,
Morgan Sweeney and his daughter Mrs. Kelly died in a common disaster. The question for decision arises in the distribution of Morgan Sweeney’s property which has been awarded to his next of kin pursuant to the intestate law. Appellant claims the property as next of kin of Mrs. Kelly. As there is no presumption of survivorship, the burden of proof is on appellant to show that Mrs. Kelly survived and so became entitled to the property on the death of Morgan Sweeney. She has not furnished the measure of proof necessary to take property from A and transfer it to B. At most it…
2Cases cited3 opinions
- Young Women's Christian Home v. FrenchSupreme Court of the United States · 1903
- Gilmore v. AlexanderSupreme Court of Pennsylvania · 1920
- Robson v. LyfordMassachusetts Supreme Judicial Court · 1917
3Cited by5 opinions
- State Land Board v. LongOregon Supreme Court · 1950
- Baldus v. JeremiasSupreme Court of Pennsylvania · 1929
- Kimmey's EstateSupreme Court of Pennsylvania · 1937
- Christensen EstatePennsylvania Orphans' Court, Lancaster County · 1958
- Cordes's EstatePennsylvania Orphans' Court, Allegheny County · 1923