Legal Opinion

In re Estate of Rhoads

Supreme Court of Pennsylvania

Decided January 3, 1899No. Appeal, No. 185PublishedCited by 12 opinions

Appeal, No. 185, Oct. T., 1898, by S. Oliver Rhoads, from decree of O. G. Allegheny Co., Dec. T., 1896, No. 63, in dismissing petition to reopen an adjudication. Petition to reopen adjudication.

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Appeal, No. 185, Oct. T., 1898, by S. Oliver Rhoads, from decree of O. G. Allegheny Co., Dec. T., 1896, No. 63, in dismissing petition to reopen an adjudication. Petition to reopen adjudication. The petition of the executors set forth that they were not present at the audit, and it prayed that the adjudication should be opened so that an item of $1,000, being a note of S. Oliver Rhoads to decedent, should be stricken from the debit side of the account, and should not be charged as a payment against S. Oliver Rhoads. Mary Large and Charlotte Fairbank, legatees, denied that the note had been…

1Opinion of the Court

Opinion by

Mr. Justice Green,

The receipt held by the appellant against the decedent is in the following words and figures:

“ Oct. 1st. 1894.
“ Received of S. Oliver Rhoads Seven hundred Dollars in full for all claims from him.
“ Frederick Rhoads.”

Of course it must be assumed that the receipt was given for some purpose, and that it was not a mere meaningless paper. As Frederick Rhoads is dead and S. Oliver Rhoads is incompetent as a witness, and no one was examined who was present when the receipt was given, we must ascertain the legal effect of such a paper when given in evidence without…

2Cases cited1 opinion

  1. In re Opening of Pearl StreetSupreme Court of Pennsylvania · 1886

3Cited by12 opinions

  1. Flaccus v. WoodSupreme Court of Pennsylvania · 1918
  2. Benseman v. Prudential Insurance Co. of AmericaSuperior Court of Pennsylvania · 1900
  3. New York Life Ins. v. SeifrisCourt of Appeals for the Third Circuit · 1931
  4. Paige v. PaigeSuperior Court of Pennsylvania · 1913
  5. Daly v. DallmeyerSuperior Court of Pennsylvania · 1902

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