Plankinton's Estate
Supreme Court of Pennsylvania
Appeal, No. 164, Jan. T., 1904, by Samuel Sinclair, from decree of O. C. Chester Co., dismissing exceptions to auditor’s report in Estate of Rebecca Plankinton, deceased. Exceptions to report of A. P. Reid, Esq., auditor. In addition to the facts stated in the opinion of the Supreme Court it appeared that Samuel Sinclair was a nephew of Rebecca Plankinton, and that for many years he had attended to her business affairs.
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Appeal, No. 164, Jan. T., 1904, by Samuel Sinclair, from decree of O. C. Chester Co., dismissing exceptions to auditor’s report in Estate of Rebecca Plankinton, deceased. Exceptions to report of A. P. Reid, Esq., auditor. In addition to the facts stated in the opinion of the Supreme Court it appeared that Samuel Sinclair was a nephew of Rebecca Plankinton, and that for many years he had attended to her business affairs. Sinclair claimed that the mortgage had been assigned to him by the decedent as a gift and not as compensation for services. The auditor surcharged Samuel Sinclair as executor…
1Opinion of the Court
Opinion by
Mb. Justice Elkin,
That a confidential relationship between the donor, the decedent whose estate is the subject-matter of distribution, and the donee, the executor and accountant, existed for a period of thirty-five years or more, is found as a fact by the auditor, is justified by the testimony, and is not seriously controverted by the appellant. The auditor further found as a fact, and properly so under the evidence, that the donor, an old lady, at the time of the alleged gift of assignment, was physically infirm and mentally weak. Under these circumstances, the burden was on the…
2Cases cited11 opinions
- Greenfield' EstateSupreme Court of Pennsylvania · 1850
- Worrall's AppealSupreme Court of Pennsylvania · 1885
- Darlington's EstateSupreme Court of Pennsylvania · 1892
- Russell's AppealSupreme Court of Pennsylvania · 1874
- Appeal of MiskeySupreme Court of Pennsylvania · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Gongaware's EstateSupreme Court of Pennsylvania · 1920
- Thorndell v. MunnSupreme Court of Pennsylvania · 1929
- Glesenkamp v. City of PittsburghSupreme Court of Pennsylvania · 1935
- Turtle Creek Borough v. Pennsylvania Water Co.Supreme Court of Pennsylvania · 1914
- Thaw v. ThawCourt of Appeals for the Second Circuit · 1928
7 more not listed; retrieve them via the Exa API.