Clad's Estate

Citations

• 214 Pa. 141
• 63 A. 542
• 1906 Pa. LEXIS 612

Syllabus

<p>Statute of limitations — Promissory notes — Payment of interest — Evidence.</p> <p>Where a man has given a promissory note to his mother-in-law, and has paid interest thereon for twenty-three years until his death, and such payments have been at stated interest periods either by the maker personally, or by his daughter with money supplied by the maker, and the note remains in the hands of the payee, the bar of the statute of limitations is tolled, and the daughter will not be permitted after her father’s death to assert that the note was given to her by her mother.</p> <p>The declarations of a decedent that he had been paying and would continue to pay interest on a note may be shown by the testimony of a stranger.</p> <p>Evidence — Party dead — Decedent’s estates.</p> <p>Where the claimant against the estate of a decedent is called as a witness in his own behalf, and testifies to facts occurring since the death of the deceased, and on cross-examination is interrogated as to matters occurring during the lifetime of the deceased, he becomes a competent witness for himself as to all relevant and material matters.</p>