Legal Opinion

Darlington's Estate

Supreme Court of Pennsylvania

Decided March 21, 1892No. Appeal, No. 80PublishedCited by 38 opinions

Appeal, No. 80, Jan. T., 1892, by Joseph H. Darlington, from decree of O. C. Chester Co., confirming auditor’s report, awarding distribution of estate of Caleb Darlington. Claim on promissory note of the decedent for $7,000. The facts appear by the opinion of the Supreme Court. The auditor, John J. Gheen, Esq., rejected the claim.

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Appeal, No. 80, Jan. T., 1892, by Joseph H. Darlington, from decree of O. C. Chester Co., confirming auditor’s report, awarding distribution of estate of Caleb Darlington. Claim on promissory note of the decedent for $7,000. The facts appear by the opinion of the Supreme Court. The auditor, John J. Gheen, Esq., rejected the claim. Claimant filed exceptions which were dismissed by the court, Wad-dell, P. J. Errors assigned were, (1) failure to sustain the exception that the auditor erred in rejecting the note; (2) sustaining the auditor in rejecting the note ; dismissing the exceptions ;…

1Opinion of the Court

Opinion by

Mb. Justice Gbben,

The instrument, the validity of which is called in question in this contention, is a promissory note. It is a note for $7,000 which was given by the testator, Caleb Darlington, to his nephew, .Joseph H. Darlington, on the 6th of November, 1889, payable six months after date. There was no money consideration for the note. Three daughters of Joseph H. Darlington testified that at the time the note was signed they were present and heard Caleb Darlington say that it was given for past services, and for taking care of him during the rest of his life. At the time of his…

2Cases cited6 opinions

  1. Greenfield' EstateSupreme Court of Pennsylvania · 1850
  2. Worrall's AppealSupreme Court of Pennsylvania · 1885
  3. Yardley v. CuthbertsonSupreme Court of Pennsylvania · 1885
  4. Darlington's AppealSupreme Court of Pennsylvania · 1878
  5. Persch v. QuiggleSupreme Court of Pennsylvania · 1868

1 more not listed; retrieve them via the Exa API.

3Cited by38 opinions

  1. Herbert v. LankershimCalifornia Supreme Court · 1937
  2. Frowen v. BlankSupreme Court of Pennsylvania · 1981
  3. Cox v. SchnerrCalifornia Supreme Court · 1916
  4. Bunge Corp. v. Gatx Corp.Supreme Court of Louisiana · 1990
  5. Sears v. Scranton Trust Co.Supreme Court of Pennsylvania · 1910

33 more not listed; retrieve them via the Exa API.

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