Fiscus's Estate
Superior Court of Pennsylvania
Appeal, No. 88, April T., 1900, by-Sarah A. Lowe, from decree of O. C. Westmoreland Co., Feb. T., 1898, No. 39, confirming auditor’s report making distribution in the estate of John P. Fiseus, deceased. Opinion by Beaver, J. W. W. Porter, J., dissents. Exceptions to auditor’s report. It appears from the auditor’s report that John P. Fiseus died intestate, and that letters were granted to Lewis E. Fiscus, son of decedent, and John Beatty, Jr., who filed an account.
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Appeal, No. 88, April T., 1900, by-Sarah A. Lowe, from decree of O. C. Westmoreland Co., Feb. T., 1898, No. 39, confirming auditor’s report making distribution in the estate of John P. Fiseus, deceased. Opinion by Beaver, J. W. W. Porter, J., dissents. Exceptions to auditor’s report. It appears from the auditor’s report that John P. Fiseus died intestate, and that letters were granted to Lewis E. Fiscus, son of decedent, and John Beatty, Jr., who filed an account. Sarah A. Lowe and other heirs of decedent filed exceptions to the account alleging that the administrators should have appraised…
1Opinion of the Court
Opinion by
Beaver, J.,
Three distinct questions are raised by the assignments of error. 1. Was the note of $1,000 executed by the decedent and given to his son, without consideration and obtained by undue influence, the decedent being at the time of weak or unsound mind? 2. Was. the evidence in regard to the gift of the traction engine, thresher and clover huller sufficient under the circumstances to establish a gift inter vivos ? 3. Were the commissions charged by the administrators for the settlement of the estate of decedent under the peculiar circumstances excessive ?
We will consider these…
2Cases cited6 opinions
- Appeal of FrossSupreme Court of Pennsylvania · 1884
- Craig v. TuckerSupreme Court of Pennsylvania · 1811
- Montgomery's AppealSupreme Court of Pennsylvania · 1878
- Rhodes v. ChildsSupreme Court of Pennsylvania · 1870
- McCauseland's AppealSupreme Court of Pennsylvania · 1861
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Diffenbacher's EstateSuperior Court of Pennsylvania · 1906
- Traylor EstatePennsylvania Orphans' Court, Lehigh County · 1952