Dutton's Estate

Citations

• 205 Pa. 244
• 54 A. 903
• 1903 Pa. LEXIS 554

Syllabus

<p>Practice, orphans' court — Issue to try question of fact — Promissory note— Interlineation.</p> <p>Where an auditor rejects a promissory note on the ground of insufficient evidence to explain an interlineation obvious on the face of the note, the court may at its own instance on exceptions to the auditor’s findings of fact, direct an issue to a jury to try the question of the validity of the note; and this is the case although the question of the legal obligation of the note involves three others; (1) whether the interlineation was written before signature; (2) whether there was a relation of trust and confidence between testatrix and the payee of the note, and (8) whether the relation was of that character which imposed on the creditor the burden of proving a consideration.</p> <p>On an issue to try the validity of a promissory note, having on its face an obvious interlineation, it appeared that the note was on a printed form payable one day after date, but before the last line preceding the signature, were interlined in a full written line these words, “ This to be held until after my death.” The signature was in the handwriting of testatrix, but the other written parts were in the hand of the payee, her stepson. The evidence was not entirely clear whether the interlineation from its appearance was made at the time with the same pen and ink as the other written parts of the note. The evidence showed that the testatrix was an intelligent woman, could read and write, transacted considerable business in the investment of her money, had the note in her possession for a year before she delivered it to the payee, that the latter had been especially at' tentive and kind to her, that she was actually indebted to him in some amount for goods, though not nearly to the amount of the note, and that she frequently declared her intention to compensate him for all he had done for her. Held, that the evidence was sufficient to sustain a verdict in favor of the validity of the