Toomey's Estate

Supreme Court of Pennsylvania July 13, 1892

Toomey's Estate, 150 Pa. 535 (Pa. 1892)

24 A. 697; 1892 Pa. LEXIS 1366

Heydbick, McCollum, Paxson, Stebbett, Williams

Opinion of the Court

Per Curiam,

We think the learned auditor and court below were right in rejecting the appellant’s claim. It was exceedingly stale, if not suspicious. It was long since barred by the statute of limitations. The letter from John Toomey to the appellant, dated April 18, 1886, and which he relies upon to toll the statute, is found by the auditor to be a forgery. We cannot sustain any of the specifications of error.

The decree is affirmed, and the appeal dismissed at the costs of the appellant.

Reference

Full Case Name: Toomey's Estate. Toomey's Appeal
Cited By: 6 cases
Status: Published
Syllabus: Costs in orphans' court—Discretion of court. The allowance of costs in the orphans’ court is in the discretion of the court, and in this case the costs of witnesses of unsuccessful claimant were placed upon claimant, and costs of accountant’s witnesses allowed out of the fund. Evidence—Witnesses—Party to contract dead—Act, 1887. Query, whether the heirs of a decedent, and distributees of his estate, are competent, under the Act of May 23, 1887, § 5, to testify that a paper, alleged to be signed by decedent, offered to establish a claim against the estate, was a forgery.