Toomey's Estate
Supreme Court of Pennsylvania
Appeal, No. 90, Jan. T., 1890, bjr claimant, Geo. K. Toomey, from decree of O. C. York Co., dismissing exceptions and confirming report of auditor distributing estate of John Toomey, deceased. The auditor, N. M. Wanner, found the following facts, inter alia : John Toomey died Dec. 19,1887, leaving to survive him children and heirs.
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Appeal, No. 90, Jan. T., 1890, bjr claimant, Geo. K. Toomey, from decree of O. C. York Co., dismissing exceptions and confirming report of auditor distributing estate of John Toomey, deceased. The auditor, N. M. Wanner, found the following facts, inter alia : John Toomey died Dec. 19,1887, leaving to survive him children and heirs. One of these, George K. Toomey, appellant, presented a claim for moneys paid decedent prior to 1865, amounting to $800, with interest from April 18, 1886, the date of a letter alleged to have been written by decedent, acknowledging the debt and tolling the statute.…
1Opinion of the Court
Per Curiam,
We think the learned auditor and court below were right in rejecting the appellant’s claim. It was exceedingly stale, if not suspicious. It was long since barred by the statute of limitations. The letter from John Toomey to the appellant, dated April 18, 1886, and which he relies upon to toll the statute, is found by the auditor to be a forgery. We cannot sustain any of the specifications of error.
The decree is affirmed, and the appeal dismissed at the costs of the appellant.
2Cited by6 opinions
- Crosetti's EstateSupreme Court of Pennsylvania · 1905
- Rine v. HallSupreme Court of Pennsylvania · 1898
- Barclay's EstatePennsylvania Orphans' Court, Montgomery County · 1934
- Ilyus v. BuchSupreme Court of Pennsylvania · 1907
- Morrison's EstatePennsylvania Orphans' Court, Perry County · 1928
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