Janes's Estate
Supreme Court of Pennsylvania
Appeal, No. 296, Jan. T., 1891, by Daniel McDonald et al., from decree of O. C. Clearfield Co., distributing estate of Mary Janes, deceased. Audit of account of S. H. Witherow, administrator of Mary Janes, deceased.
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Appeal, No. 296, Jan. T., 1891, by Daniel McDonald et al., from decree of O. C. Clearfield Co., distributing estate of Mary Janes, deceased. Audit of account of S. H. Witherow, administrator of Mary Janes, deceased. Krebs, J., filed the following opinion : “ The fund in court for distribution at this time goes to the heirs at law of John McDonald, who was a brother of Mary Janes, deceased. [The testimony filed in the estate shows that John McDonald died, leaving to survive him four children, namely, Janet McDonald, Daniel McDonald, Marion McDonald and Bruce McDonald.] The evidence discloses…
1Opinion of the Court
Opinion by
Mb.. Justice McCollum,
The single question presented by this appeal is whether Bruce McDonald, to whose widow and children a portion of the fund for distribution was awarded, was the legitimate son of John McDonald, who was a brother of the decedent. It is a question of fact to be answered on the evidence. It was conceded by the learned judge of the court below that a negative answer must be returned if the deposition of the mother can be considered in solving it. He thought, however, that this deposition was incompetent, and he refused to allow it any influence in the decision of…
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