Weaver's Appeal
Supreme Court of Pennsylvania
Appeal from the decree of the Orphans’ Court of Cfreene county: in Isaac Weaver’s estate, No. 56, to October and November Term 1869. On the settlement of the estate of Isaac Weaver, deceased, it was ascertained that there was a balance of $5220.41 in the hands of the administrators due the estate. J. A. J. Buchanan, Esq., was appointed auditor to ascertain advancements and make distribution.
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Appeal from the decree of the Orphans’ Court of Cfreene county: in Isaac Weaver’s estate, No. 56, to October and November Term 1869. On the settlement of the estate of Isaac Weaver, deceased, it was ascertained that there was a balance of $5220.41 in the hands of the administrators due the estate. J. A. J. Buchanan, Esq., was appointed auditor to ascertain advancements and make distribution. The only contested question before the auditor was whether a sum of $1000, admitted to have been received from the decedent about fifteen years before his death by Baldwin his oldest son, was an…
1Opinion of the Court
The opinion of the court was delivered, January 3d 1870, by
SuARSWOOd, J. —
Advancement is undoubtedly always a question of intention. When there is no evidence of what occurred at the time the money or other valuable was given and received, the surrounding circumstances are to be considered in determining whether it ought to be considered as a loan, a gift or an advancement. It becomes necessarily a subject of presumption. Among these surrounding circumstances the most important are the amount, as compared with the estate of the parent, and the number of the children, and the purpose for which…
2Cited by4 opinions
- Appeal of PattersonPennsylvania Orphans' Court, Philadelphia County · 1889
- Houston EstateSupreme Court of Pennsylvania · 1956
- Glessner's EstatePennsylvania Orphans' Court, Montgomery County · 1940
- Strand Estate, Pennsylvania Court of Common Pleas, Philadelphia County1976