Geiger's Estate
Superior Court of Pennsylvania
Appeal, No. 76, April T., 1900, by Max Geiger et al., claimants, against the estate of Charles Geiger, deceased, from decree of O. C. Beaver Co., June T., 1899, No. 13, dismissing exceptions to auditor’s report in distribution. Opinion by W. W. Poe-tee, J. Exceptions to auditor’s report. The facts sufficiently appear in the opinion of the court.
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Appeal, No. 76, April T., 1900, by Max Geiger et al., claimants, against the estate of Charles Geiger, deceased, from decree of O. C. Beaver Co., June T., 1899, No. 13, dismissing exceptions to auditor’s report in distribution. Opinion by W. W. Poe-tee, J. Exceptions to auditor’s report. The facts sufficiently appear in the opinion of the court. The auditor awarded distribution to Mrs. Rachel Leutz in a note amounting to $754.09, thirty-two years from the making and thirty-one years from the date of payment. Exceptions to the auditor’s report were dismissed by the court helow and Max Geiger…
1Opinion of the Court
Opinion by
William W. Portee, J.,
The judgment note given by the decedent, upon which award was made to the estate of Peter Leutz, was for 1500, dated January 1, 1867, at one year. It was presented for payment at an audit of the account of the administrator of the estate of the decedent, February 8, 1899, thirty-two years from the making and thirty-one years from the date of payment.
The evidence to rebut the presumption of payment after this lapse of time must be satisfactory and convincing, particularly as no attempt was made to enforce payment until after the death of the maker of the…
2Cases cited8 opinions
- Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888
- Landis v. RothSupreme Court of Pennsylvania · 1885
- Peters's AppealSupreme Court of Pennsylvania · 1884
- Porter v. Nelson's Exrs.Supreme Court of Pennsylvania · 1888
- Appeal of RunnerSupreme Court of Pennsylvania · 1888
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3Cited by2 opinions
- Miller v. Overseers of PoorSuperior Court of Pennsylvania · 1901
- Gilmore v. AlexanderSupreme Court of Pennsylvania · 1920