Legal Opinion

Estate of Reber

Supreme Court of Pennsylvania

Decided October 5, 1891No. 197PublishedCited by 2 opinions

No. 197 July Term 1890, Sup. Ct.; court below, number and term not shown. On January 7, 1889, the account of Reily L. Fisher, executor of the will of Thomas B. Reber, who died on August 27, 1887, was called for audit, when Elizabeth Reber, the widow of the testator, proved for allowance out of the estate in the executor’s hands, a note, not under seal, made by the testator January 27, 1873, as follows: “ I promise to pay to my wife Elizabeth, or order, the sum of seventeen…

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No. 197 July Term 1890, Sup. Ct.; court below, number and term not shown. On January 7, 1889, the account of Reily L. Fisher, executor of the will of Thomas B. Reber, who died on August 27, 1887, was called for audit, when Elizabeth Reber, the widow of the testator, proved for allowance out of the estate in the executor’s hands, a note, not under seal, made by the testator January 27, 1873, as follows: “ I promise to pay to my wife Elizabeth, or order, the sum of seventeen hundred and twenty-five dollars on demand, with, lawful interest from this date until paid; without defalcation, value…

1Opinion of the Court

Opinion,

Mr. Justice Sterrett:

The sole question in this case is whether appellant, as a creditor of her deceased husband’s estate, is entitled to interest on the amount of her claim evidenced by his note of January 27, 1873, in which he promises “ to pay to my wife Elizabeth, or order, the sum of seventeen hundred and twenty-five dollars on demand, with lawful interest from this date until paid; without defalcation, value received.”

There was no question as to the genuineness of the note, nor any allegation, even, that any part thereof, either principal or interest, had ever been paid or in any…

2Cases cited3 opinions

  1. Estate of HauerSupreme Court of Pennsylvania · 1891
  2. Hamill's AppealSupreme Court of Pennsylvania · 1879
  3. Robinson's AppealSupreme Court of Pennsylvania · 1869

3Cited by2 opinions

  1. Gavin v. KniffenSupreme Court of Colorado · 1927
  2. Chadwick EstatePennsylvania Orphans' Court, Washington County · 1964

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