Hertzler's Estate
Superior Court of Pennsylvania
Appeal, No. 9, March T., 1903, by plaintiff, from decree of O. C. Cumberland Co., dismissing exceptions to auditor’s report in estate of Christian D. Hertzler, deceased. Exceptions to report of R. M. Henderson, Esq., auditor. The facts appear by the opinion o“f the Superior Court. Error assigned was in dismissing exception to auditor’s report. It is necessary that a wife should prove her right as a creditor of her husband with clearness.
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Appeal, No. 9, March T., 1903, by plaintiff, from decree of O. C. Cumberland Co., dismissing exceptions to auditor’s report in estate of Christian D. Hertzler, deceased. Exceptions to report of R. M. Henderson, Esq., auditor. The facts appear by the opinion o“f the Superior Court. Error assigned was in dismissing exception to auditor’s report. It is necessary that a wife should prove her right as a creditor of her husband with clearness. On this point there should be no doubt: Hause v. Gilger, 52 Pa. 412; Hamill’s App., 88 Pa. 363; Young’s Estate, 65 Pa. 101; Martin’s Estate, 181 Pa. 378;…
1Opinion of the Court
Opinion by
Morrison, J.,
This is an appeal from the decree of the orphans’ court of Cumberland county dismissing the exceptions to, and confirming the report of, the auditor appointed by said court to pass upon exceptions filed to the final account of Kate E. Hertzler, one of the administrators of the estate of Christian D. Hertzler, deceased.
Christian D. Hertzler and Kate E. Hertzler were husband and wife, and he died April 16,1900, intestate, and letters of administration were issued on his estate to Kate E. Hertzler and Harry D. Hertzler, by the register of wills of Cumberland county, April…
2Cases cited12 opinions
- Estate of SmithPennsylvania Orphans' Court, Philadelphia County · 1891
- Johnston v. LaflinSupreme Court of the United States · 1881
- Lawall v. GromanSupreme Court of Pennsylvania · 1897
- National Bank v. Watsontown BankSupreme Court of the United States · 1882
- Kulp v. MarchSupreme Court of Pennsylvania · 1897
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