Taylor's Estate
Taylor's Estate
Opinion of the Court
Opinion by
This is the familiar case of a report of an auditor, distributing the funds arising from the estate of a decedent, confirmed by the court, which, as has been declared times innumerable, will not be disturbed, except for manifest error.
The claim of the appellant was based upon the advance of money, as he himself testified, to his mother-in-law, evidenced by a receipt of hers, dated April 6, 1879, for $500, and a check to her order for $852.23, dated September 7, 1885. He says: “ I loaned this money to Mrs. Jane Taylor, the widow of Thomas Taylor, deceased,” and later, “I simply loaned it to Mrs. Jane Taylor. I cannot say [in answer to a question as to the character of the obligation against Thomas Taylor’s estate], as it
The appellant’s argument throughout is based upon the assumption that his money was advanced in relief of the estate of the decedent and. that he, therefore, comes within the principle of Haverford Loan & Bldg. Assn. v. Fire Assn., 180 Pa. 522; but this, as the auditor found, and as has already been shown, is a mistake. He paid nothing in relief of the estate, but advanced his money to the widow of the decedent personally.
This being the case, the agreements of Margaret Taylor and Eva Taylor Hoff that “ out of the proceeds of the sale of said real estate, after the several costs and expenses incident to the sale had been paid, there shall be paid to the Rev. Richard Turner, D. D., the sum of $1,400, together with interest thereon at the rate of five per cent, per annum from April 1, 1903, and for the purpose of securing the payment of the said sum of $1,400, we and each of us, hereby authorize and empower the executor or administrator, or any other person or party charged with the duty of settling the affairs of the said estate, to pay to the said Rev. Richard Turner, D. D., the said sum, with interest as aforesaid,” were based upon a misapprehension, the recital
The facts, as found by the auditor, which are fully sustained by the testimony, support his conclusions of law, and these, having been confirmed by the court below, make it practically obligatory upon us to assent thereto.
Decree affirmed and appeal dismissed at the costs of the appellant.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.