In re O'Rourke

Silkman, S.

The objection of the special guardian of the infant heirs-at-law to the allowance of a claim óf St. John’s Roman Catholic Church of $450, alleged to be one of the debts due by decedent to pay which this proceeding is taken, pre>sents a question which has required much consideration. It is sought to sustain the claim solely upon the ground that it is a debt of decedent.

Martin O’Rourke died May 21, 1803, intestate, and without sufficient personal property to pay his debts.

On May 18th, prior to his death, he went to Calvary Cemetery, owned by and connected with the Church of St. John…