Croushore's Estate

Citations

• 77 Pa. Super. 340
• 1921 Pa. Super. LEXIS 267

Syllabus

<p>Decedents’ estates — Proof of claim — Judgment notes — Aclcnowledgment of debt — Evidence—Sufficiency—Burden of proof.</p> <p>Two judgment notes, presented as claims against the estate of decedent by his son, who testified that payment thereof had never been made, ghould have been allowed as proper debts of the decedent in the absence of proof of payment. Testimony that decedent, a few days before his death, acknowledged the indebtedness and said the notes should be paid, was sufficient to place on the accountant the burden of overcoming the presumption of liability. Circumstances of remote or indefinite relation to the indebtedness are not sufficient to establish a legal discharge thereof. It was error to disallow the claim without definite evidence of payment, and without findings of fact or statement of reasons by the judge of the orphans.’ court.</p>