Colgan's Estate

Citations

• 160 Pa. 140
• 28 A. 646
• 1894 Pa. LEXIS 783

Syllabus

<p>Decedents' estates — Set-off— Claim for services — Evidence.</p> <p>At the audit of an executor’s account, a claim for boarding and nursing amounting to eight hundred dollars was presented against decedent’s estate. It also appeared from the evidence that the claimant had purchased from decedent a farm, giving a judgment for the greater part of the purchase money. The remainder, amounting to eight hundred dollars, was to be paid in cash if decedent ever needed it. During her lifetime decedent never demanded this money, nor had claimant demanded from her any payment of board. Held, that decedent’s right to demand the payment of the balance of purchase money continued until her death, and was not extinguished by that event, and that the one debt should be applied to the payment of the other.</p>