Keech v. Rinehart
Supreme Court of Pennsylvania
In error from the Common Pleas of Chester. April 11. Assumpsit. The plaintiff was the administrator of Esther Erain, who was a daughter of Rinehart Gunsenhauser. John Rinehart administered to his estate, and died.
Read the full summary
In error from the Common Pleas of Chester. April 11. Assumpsit. The plaintiff was the administrator of Esther Erain, who was a daughter of Rinehart Gunsenhauser. John Rinehart administered to his estate, and died. The defendants were administrators of the administrators of John Rinehart, who had settled his administration account in the Orphans’ Court, which was confirmed in 1825. In this account they claimed credit for a certain sum retained by their intestate, “ out of the estate of Rinehart Gunsenhauser, for the use of Esther Erain, a daughter of said Rinehart Gunsenhauser.” It was…
1Opinion of the CourtBell, J.
It seems to have been conceded, on the trial, that if the plaintiff’s intestate died before her father, there could be no -recovery. The date of her death and the character of the evidence to establish it, were, therefore, the only contested points. The legal presumption of death, springing from continued absence, was, as a general rule, correctly stated by the court below. But, while he conceded that it might be controlled and modified, or, altogether, rebutted by proof of independent inconsistent facts, the president of the Common Pleas instructed the jury there was nothing in the…
2Cases cited3 opinions
- Welland Canal Co. v. HathawayNew York Supreme Court · 1832
- App v. DreisbachSupreme Court of Pennsylvania · 1830
- M'Lenachan v. Commonwealth ex rel. BucherSupreme Court of Pennsylvania · 1829
3Cited by1 opinion
- Jacoby's EstateSupreme Court of Pennsylvania · 1907