Appeal of Breneman
Supreme Court of Pennsylvania
FROM THE DECREE OR THE ORPHANS’ COURT OR LANCASTER; COUNTY. No. 162 January Term 1888, Sup. Ct.; court below, No. O. C. On March 21,1887, the account of A. N. Breneman, Jr., executor of the last will and testament of A. N. Breneman, Sr., deceased, was confirmed, showing a balance for distribution of $10,000, and on April 9th, Mr. William Leaman was appointed auditor to report a distribution of this balance among those legally entitled thereto.
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FROM THE DECREE OR THE ORPHANS’ COURT OR LANCASTER; COUNTY. No. 162 January Term 1888, Sup. Ct.; court below, No. O. C. On March 21,1887, the account of A. N. Breneman, Jr., executor of the last will and testament of A. N. Breneman, Sr., deceased, was confirmed, showing a balance for distribution of $10,000, and on April 9th, Mr. William Leaman was appointed auditor to report a distribution of this balance among those legally entitled thereto. By the report of the auditor, filed September 3, 1887, the following facts appeared: On January 17,1848, E. C. Reigart was appointed guardian of the…
1Opinion of the Court
Opinion,
Mr. Justice Clark :
It is a well established rule of the law that all debts by specialty, etc., unclaimed and unrecognized for twenty years, in the absence of sufficient explanatory evidence, are presumed to have been paid. The rule extends to judgments: Van Loon v. Smith, 103 Pa. 238; Biddle v. Girard N. Bank, 109 Pa. 349, and to debts of all descriptions not barred by the statute of limitations; McQuesney v. Hiester, 33 Pa. 435; Lash v. Von Neida, 109 Pa. 207; Pryor v. Wood, 31 Pa. 142. It is applicable both at law and in equity, in the Common Pleas, and in the Orphans’ Court.
The…
2Cases cited8 opinions
- Montgomery's AppealSupreme Court of Pennsylvania · 1880
- Biddle v. Girard National BankSupreme Court of Pennsylvania · 1885
- Van Loon v. SmithSupreme Court of Pennsylvania · 1883
- Wheatfield Township v. Brush Valley TownshipSupreme Court of Pennsylvania · 1855
- McQuesney v. HiesterSupreme Court of Pennsylvania · 1859
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3Cited by4 opinions
- Grenet's EstateSupreme Court of Pennsylvania · 1938
- Carter v. Ridge Turnpike Co.Supreme Court of Pennsylvania · 1904
- Roberts v. PowellSupreme Court of Pennsylvania · 1905
- Geiger's EstateSuperior Court of Pennsylvania · 1900