Qualters' Estate
Supreme Court of Pennsylvania
Appeal No. 323, Oct. T., 1891, by M. Qualters, from decree of O. C. Allegheny Co., June T., 1891, No. 26, dismissing exceptions to adjudication. On June 30,1891, the account of Martin Qualters, administrator of the estate of his wife, Ann Qualters, deceased, was •called for audit.
Read the full summary
Appeal No. 323, Oct. T., 1891, by M. Qualters, from decree of O. C. Allegheny Co., June T., 1891, No. 26, dismissing exceptions to adjudication. On June 30,1891, the account of Martin Qualters, administrator of the estate of his wife, Ann Qualters, deceased, was •called for audit. At the hearing, it was made to appear that the administrator had filed his account on April 22,1891, charging himself, inter alia, with “ March 19, 1890, to cash from Dollar Savings Bank, #3,490.41,” and showing balance for distribution of #2,777.01. By a memorandum placed upon the account, the accountant claimed…
1Opinion of the Court
Pee Ctjeiam,
If the money in controversy really belonged to the appellant, and had been included in his account as administrator of his wife’s estate, by mistake or through ignorance of his rights, the court below would doubtless have allowed him to withdraw it from said account: Marshall v. Hoff, 1 W. 440; Miller’s Ap., 84 Pa. 391; High’s Est., 136 Pa. 236. The difficulty is the appellant has failed to establish a trust. Prima facie the money belonged to appellant’s wife in whose name it had been deposited, and the presumption thus raised has not been overcome.
The decree is affirmed, and the…
2Cases cited2 opinions
- Miller's AppealSupreme Court of Pennsylvania · 1877
- Estate of HighPennsylvania Orphans' Court, Berks County · 1890
3Cited by14 opinions
- Williams' EstateSupreme Court of Pennsylvania · 1912
- Werle v. WerleSupreme Court of Pennsylvania · 1938
- Crosetti's EstateSupreme Court of Pennsylvania · 1905
- In Re Estate of LivingstonSupreme Court of Pennsylvania · 1992
- Moore's EstateSupreme Court of Pennsylvania · 1905
9 more not listed; retrieve them via the Exa API.