Zeiter v. Zeiter
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. This was an action of debt by George Zeiter, executor of Jacob Zeiter deceased, against John Zeiter and Philip Fishburn, founded on six bonds amounting to 165 pounds. The following agreement was entered into: “ The parties in the above stated action being desirous, in consideration of their near relationship, to terminate all litigation between them, do hereby agree to try the said action upon its meriís.
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ERROR to the common pleas of Dauphin county. This was an action of debt by George Zeiter, executor of Jacob Zeiter deceased, against John Zeiter and Philip Fishburn, founded on six bonds amounting to 165 pounds. The following agreement was entered into: “ The parties in the above stated action being desirous, in consideration of their near relationship, to terminate all litigation between them, do hereby agree to try the said action upon its meriís. And for that purpose do waive all legal and technical exceptions that may, might or could be taken or made to the right of action in the…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
—An advancement subsequent to the will, by a parent or person in loco parentis, is considered an ademption, as in Biggtone v. Grubb, 2 Atk. 48. The act of advancement, as well as the presumption from it, like every other presumption of fact, may be rebutted by proof. So an executor to whom a legacy is given, may rebut the trust of the residue implied from that circumstance for the next of kin; and the latter may again encounter his proof by proof ejusdem generis. But could the fact of advancement be proved by the declarations of the…
2Cited by6 opinions
- In re Estate of LyonSupreme Court of Iowa · 1886
- Brunn v. SohuettWisconsin Supreme Court · 1884
- In re KnabbPennsylvania Orphans' Court, Berks County · 1873
- Wilson v. SmithU.S. Circuit Court for the District of Eastern Pennsylvania · 1902
- Clark v. KingsleyNew York Supreme Court · 1885
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