Pratt's Estate
Superior Court of Pennsylvania
Appeal, No. 67, Oct. T., 1907, by Max Rosenthal, from decree of O. 0. Phila. Co., Jan. T., 1905, No. 680, dismissing exceptions to adjudication in Estate of Dundas T. Pratt, deceased. Exception to adjudication. The facts appear by the opinion of the Superior Court.
Read the full summary
Appeal, No. 67, Oct. T., 1907, by Max Rosenthal, from decree of O. 0. Phila. Co., Jan. T., 1905, No. 680, dismissing exceptions to adjudication in Estate of Dundas T. Pratt, deceased. Exception to adjudication. The facts appear by the opinion of the Superior Court. Errors assigned were in the following form: 1. ' The learned court erred in holding that the evidence failed to show that an agreement had been entered into between Max Rosenthal and Dundas T. Pratt for the painting of the portrait of Ferdinand J. Dreer. 2. The learned court erred in not awarding to Max Rosenthal the sum of $800.
1Opinion of the Court
Opinion by
Morrison, J.,
At the adjudication of the executor’s account by Ashman, P. J., auditing judge, the appellant presented a claim against the estate of Dundas T. Pratt, deceased, of $800 for the painting of a portrait of Ferdinand J. Dreer at the alleged instance and request of the testator, Pratt. Of course, the burden rested on the appellant to prove a contract with Pratt to paint the *111portrait. Having averred such contract he must produce sufficient evidence to fairly sustain it. How did he meet this burden? Several witnesses testified before the auditing judge, and their testimony…
2Cases cited7 opinions
- Hindman's AppealSupreme Court of Pennsylvania · 1877
- Phillips's AppealSupreme Court of Pennsylvania · 1871
- Cake's AppealSupreme Court of Pennsylvania · 1885
- Sproull's AppealSupreme Court of Pennsylvania · 1872
- Fague's EstateSuperior Court of Pennsylvania · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Campbell's EstateSuperior Court of Pennsylvania · 1909