Appeal of Chapman
Supreme Court of Pennsylvania
FROM THE DEGREE OF THE ORPHANS’ COURT OE FRANKLIN COUNTY. No. 5 May Term 1888, Snp. Ct.; court below, No. 33 Orphans’ Court 1887. On October 9, 1885, Margaret Lee Chapman, administratrix •c. t. á. of the estate of John Lee Chapman, deceased, filed her •account to which certain exceptions were filed, whereupon, when Mr. H. J. Plough, was appointed auditor to hear and •determine the exceptions and to report distribution.
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FROM THE DEGREE OF THE ORPHANS’ COURT OE FRANKLIN COUNTY. No. 5 May Term 1888, Snp. Ct.; court below, No. 33 Orphans’ Court 1887. On October 9, 1885, Margaret Lee Chapman, administratrix •c. t. á. of the estate of John Lee Chapman, deceased, filed her •account to which certain exceptions were filed, whereupon, when Mr. H. J. Plough, was appointed auditor to hear and •determine the exceptions and to report distribution. At the hearing before the auditor on January 20, 1886, a note was presented for allowance on ■ behalf of H. M. F. V. •Stamp, which note with its indorsements, was as follows:…
1Opinion of the Court
Opinion,
Mr. Justice Paxson :
This was a question of the statute of limitations. The note-in controversy bears date July 10, 1876, and is payable eighty days after date. Unless taken out of the statute it was barred October 1, 1882. The maker died November 18, 1880. The-order of sale for the payment of debts was granted May 5-, 1885, and the sale was confirmed .on the 8th of September following. The note was presented to the auditor appointed to-make distribution, who allowed the claim upon two grounds,, viz.: (a) That the note was taken out of the statute by reason of a credit appearing on the…
2Cases cited2 opinions
- Yorks's AppealSupreme Court of Pennsylvania · 1885
- McClintock's AppealSupreme Court of Pennsylvania · 1857
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