Finkbone's Appeal
Supreme Court of Pennsylvania
Appeal from the Court of Common Pleas of Berks county: Of January Term 1878, No. 257. Appeal of Mary Finkbone from the decree of the court confirming the report of the auditor in the assigned estate of Pen-rose Wiley, deceased.
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Appeal from the Court of Common Pleas of Berks county: Of January Term 1878, No. 257. Appeal of Mary Finkbone from the decree of the court confirming the report of the auditor in the assigned estate of Pen-rose Wiley, deceased. Dr. Penrose Wiley made an assignment for the benefit of creditors, on the 2d of September 1874, and died shortly thereafter, on the 19th of April 1875. On the 7th of April 1876, his assignee filed an account of his trust, and before the auditor appointed to audit the same came the appellant, who claimed certain amounts of money left by her with the deceased for safe…
1Opinion of the CourtJustice Gordon
The questions presented for our consideration, are-, 1. Whether the paper, executed by Dr. Wiley to the appellant, is of such a character as to bring it within the operation of the Statute of limitations ? 2. Affirming this proposition, was there such a subsequent acknowledgment of the claim as relieved it from the bar of that statute ?
The paper under consideration is in the words and language following, to wit: “Received of Mary Finkbone, at different times since 1862, $475 — for safe-keeping — which is to be returned to her in such amounts as she may want. $475. Leesport, May loth 1868.…
2Cited by7 opinions
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- Hartranft's EstateSupreme Court of Pennsylvania · 1893
- Gardner' EstateSupreme Court of Pennsylvania · 1910
- Macrum v. MarshallSupreme Court of Pennsylvania · 1889
- Rodriguez v. First State Bank & Trust Co.Court of Appeals of Texas · 1919
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