Legal Opinion

Estate of Miller

Pennsylvania Orphans' Court, Berks County

Decided October 6, 1890No. 308PublishedCited by 28 opinions

No. 308 January Term 1890, Sup. Ct.; court below, number and term not given. On April 8,1889, David and William Miller, administrators of the estate of Mahlon Miller, deceased, settled their first account in said estate, which on June 3,1889, was called for audit before Schwartz, P. J. At the hearing, Israel Miller presented a claim against the estate for $5,000, upon an alleged contract with the decedent, for services rendered and to be rendered by the claimant.

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No. 308 January Term 1890, Sup. Ct.; court below, number and term not given. On April 8,1889, David and William Miller, administrators of the estate of Mahlon Miller, deceased, settled their first account in said estate, which on June 3,1889, was called for audit before Schwartz, P. J. At the hearing, Israel Miller presented a claim against the estate for $5,000, upon an alleged contract with the decedent, for services rendered and to be rendered by the claimant. The testimony of witnesses called by the claimant tended to show that he and the decedent were not related; that they lived part of…

1Opinion of the Court

Opinion,

Me. Justice Geeen :

The appellee, in support of his claim against the decedent’s estate, examined five witnesses. The last of them, Jesse H. Houck, testified as follows: “ I knew Mahlon Miller since 1848. He- told me that he had promised Israel $5,000; that he was burnt out and had a big loss, and 41 am going to make him better off than he was before.’ He said Israel had done a good many things for him: if he wanted anything he could go just there and get it as if Israel was at home. I know Israel brought him provisions. I could not tell what kind; he had it in a basket or bucket.....I…

2Cases cited3 opinions

  1. Thompson v. StevensSupreme Court of Pennsylvania · 1872
  2. Pollock v. RaySupreme Court of Pennsylvania · 1877
  3. Neal's Executors v. GilmoreSupreme Court of Pennsylvania · 1875

3Cited by28 opinions

  1. Gilbraith's EstateSupreme Court of Pennsylvania · 1921
  2. Conrad's EstateSupreme Court of Pennsylvania · 1938
  3. Hirst's EstateSupreme Court of Pennsylvania · 1922
  4. Carpenter v. HaysSupreme Court of Pennsylvania · 1893
  5. Breniman v. BrenimanSupreme Court of Pennsylvania · 1924

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