Legal Opinion

Bass' Estate

Pennsylvania Orphans' Court, Philadelphia County

Decided March 31, 1939No. 3055 of 1938Published

1Opinion of the Court

Ladner, J.,

As the facts appear in the adjudication, no restatement of them is necessary. Separate exceptions are filed on behalf of testator’s daughters (Audrey Bass Howley and Lillie Bass Mulholland) questioning the auditing judge’s ruling that decedent’s checks, drawn to the order of exceptants, raised the presumption that they were for payments on account of the debts due by decedent to the payees, thereby shifting to exceptants the burden of proving them to have been gifts. We approve the auditing judge’s ruling and to the authorities cited by him add Goldberg, Exec., v. Wine, 326 Pa. 335…

2Cases cited10 opinions

  1. McConville v. InghamSupreme Court of Pennsylvania · 1920
  2. Richards v. Citizens Natural Gas Co.Supreme Court of Pennsylvania · 1889
  3. Minard v. BeansSupreme Court of Pennsylvania · 1870
  4. Goslin v. EdmundsSupreme Court of Pennsylvania · 1936
  5. MacK Paving & Construction Co. v. American Pipe & Construction Co.Supreme Court of Pennsylvania · 1925

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