Estate of Seibert
Superior Court of Pennsylvania
Appeal, No. 51, March T., 1897, by John M. McDowell, administrator d. b. n. of Agnes W. Seibert, deceased, from the final decree of O. C.-, Franklin Co., dismissing exceptions to auditor’s report and confirming the same. Exceptions to auditor’s report. Before Stewart, P. J. Samuel Seibert died April, 1874, testate.
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Appeal, No. 51, March T., 1897, by John M. McDowell, administrator d. b. n. of Agnes W. Seibert, deceased, from the final decree of O. C.-, Franklin Co., dismissing exceptions to auditor’s report and confirming the same. Exceptions to auditor’s report. Before Stewart, P. J. Samuel Seibert died April, 1874, testate. It appeared from the report of the auditor, appointed to distribute the balance shown by the final account of the executors of Samuel Seibert, deceased, that testator died in April, 1874. That shortly after his death his executors sold all his personal property and real estate…
1Opinion of the Court
Opinion by
Rice, P. J.,
Whether the transaction between Agnes W. Seibert and the executors of her husband’s estate was a gift, a loan, or an advancement under circumstances entitling her to subrogation to the rights of the creditors whose debts were paid was a question of fact. Its decision depended, to a very large extent, upon the veracity and recollection of witnesses. According to the testimony of the executor it was unquestionably a gift. He is the only living witness who was present when the transact tion was consummated, and his testimony is corroborated by the undisputed fact that,…
2Cases cited3 opinions
- Rittenhouse v. LeveringSupreme Court of Pennsylvania · 1843
- Allegheny V. R. v. DickeySupreme Court of Pennsylvania · 1890
- Stout's Administrators v. Stout's AdministratorSupreme Court of Pennsylvania · 1863
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