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· 2/28/1908

Bomgardner v. Blatt

Citations

  • 35 Pa. Super. 361
  • 1908 Pa. Super. LEXIS 44

Syllabus

<p>Executors and administrators — Distribution—Overpayment to distributee — Mistake.</p> <p>Where an executor voluntarily, but by mistake, makes an overpayment to a distributee, he cannot thereafter recover from the distributee the excess paid, if it appears that the mistake did not arise from any statement or representation of the distributee, or from any artifice on his part, and that there was no promise or agreement on the part of the distributee to repay.</p>

Judges: Beaver, Head, Henderson, Morrison, Orlad, Porter, Rice

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