Bittle v. Bittle

Citations

• 2 Monag. 17
• 1889 Pa. LEXIS 1344

Syllabus

<p>In an action of debt by an executor, against testator’s son, on two bonds, one due one year after testator’s death, the other due many years before, the only evidence offered by the defendant was a report of an auditor, who found that the instruments sued on were debts and not advancements. It appeared further by the auditor’s report that the testator’s estate consisted almost wholly of obligations due him by his children. By his will he bequeathed $1,000 to one son for testator’s “keep,” and further directed “the several amounts due me by my children and their husbands, for which I hold bonds and notes at the time of my decease, shall be deducted from the amounts which shall be coming to them from my estate.” He further provided for an equal division of his household goods and his residuary estate among all of his children. There was also evidence before the auditor that, at the time the will was drawn, testator requested new bonds to be executed by his children. Held, that the court below properly directed a verdict for the plaintiff.</p>