Appeal of Bentley's Executors
Supreme Court of Pennsylvania
Certiorari to the Orphans’ Court of Philadelphia .county: Of July Term 1881, No. 66. Appeal of William K. Bentley, David Bentley and John B. Bentley, Jr., Executors of David B. Bentley, deceased, who was executor of J ohn B. Ilentley, deceased, from a decree of the court, dismissing their exceptions to, and confirming the re-adjudication of, the auditing judge upon the account of the executorship of their testator, as filed by them.
Read the full summary
Certiorari to the Orphans’ Court of Philadelphia .county: Of July Term 1881, No. 66. Appeal of William K. Bentley, David Bentley and John B. Bentley, Jr., Executors of David B. Bentley, deceased, who was executor of J ohn B. Ilentley, deceased, from a decree of the court, dismissing their exceptions to, and confirming the re-adjudication of, the auditing judge upon the account of the executorship of their testator, as filed by them. The facts were as follows: — John B. Bentley died September 2nd 1856, leaving a will dated August 7th 1856, proved September 25th 1856, whereby he bequeathed “ to…
1Opinion of the CourtJustice Trunket
A debt which has been due and unclaimed, and without recognition, for twenty years, in the absence ¡ of explanatory evidence, is presumed to have been paid. This presumption, prima facie, obliterates the debt, and the onus of proof is upon the creditor, not to establish a new contract as is the case when a debt is barred by the statute of limitations, but to show that payment of the debt has not been made: Reed v. Reed, 46 Pa. St. 239. In that case, within twenty years, the debtor admitted to the creditor and to strangers that he had not paid the debt, and said he would not, and it was held…
2Cases cited1 opinion
- Power v. HollmanSupreme Court of Pennsylvania · 1834
3Cited by5 opinions
- Gregory's Exrs. v. CommonwealthSupreme Court of Pennsylvania · 1888
- Grenet's EstateSupreme Court of Pennsylvania · 1938
- Sheafer v. WoodsideSupreme Court of Pennsylvania · 1917
- Porter v. Nelson's Exrs.Supreme Court of Pennsylvania · 1888
- Wilson v. EckmanSuperior Court of Pennsylvania · 1913