Legal Opinion

Cremer's Estate

Supreme Court of Pennsylvania

Decided May 15, 1843PublishedCited by 5 opinions

THIS was an appeal from the decree of the Orphans' Court of York county, making distribution of the estate of Andrew Cremer deceased.

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THIS was an appeal from the decree of the Orphans' Court of York county, making distribution of the estate of Andrew Cremer deceased. The balance in the hands of the executors,, as ascertained by an auditor, was $4173.71, of which sum. the distributive share of each heir was $321.05. But the facts also appeared that the testator held a bond of his son, Peter Cremer, conditioned for the payment of $374.57, which being a sum greater than his share, he was entitled to no- part of the estate. This bond was dated the 4th of April 1810, and was payable the 1st of April 1811; and it was contended…

1Per curiam

In every case hitherto, the endorsements were certainly made before the expiration of the time necessary to close the bar of the statute of limitations, ori to raise the presumption of payment they were produced to repel; and they were clearly made in prejudice of the creditors’ interest at the time. Such is the ground on which they were received in Addams v. Seitzinger, in which they were compared to memoranda charging the writer, made by a party since dead. But the comparison fails where the interest involved points the other way. It is said the law presumes in favour of honesty. It…

2Cited by5 opinions

  1. Shaffer v. ShafferSupreme Court of Pennsylvania · 1861
  2. Hart v. BucherSupreme Court of Pennsylvania · 1897
  3. Peters v. RothermelSuperior Court of Pennsylvania · 1906
  4. Alston v. State BankSupreme Court of Arkansas · 1849
  5. Peters v. RothermelSuperior Court of Pennsylvania · 1906

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