Estate of Corson

Citations

• 137 Pa. 160
• 20 A. 588
• 1890 Pa. LEXIS 965

Syllabus

<p>1. When an accountant in the Orphans’ Court is called for cross-examination by an exceptant seeking a surcharge, and is examined as to matters occurring before the death o£ his decedent, he thereby becomes a competent witness, in his own behalf, as to relevant matters occurring before or after the decedent’s death: § 7, act of May 23,1887, P. L. 160.</p> <p>(a) Property, alleged to be of the estate of a decedent, was claimed by the accountant as a gift from the decedent in her lifetime. Evidence was submitted that, at the time of the gift, the decedent was illiterate, that the accountant was her spiritual adviser, and that he aided her also with his advice and services in the management of her business:</p> <p>2. The auditor, placing upon the accountant the burden of proof as to the validity of the gift, his finding from sufficient testimony, with the approval of the Orphans’ Court, that the gift was the free and intelligent act of the donor and that it was not effected by fraud or undue influence on the part of the donee, will not be disturbed.</p> <p>3. One claiming to be the owner of bonds and shares of stock, in the possession of an executor who has charged himself with them in his account, cannot assert title to the securities adversely to the estate, and seek to recover them in a proceeding in the Orphans’ Court, on exceptions filed to the executor’s account.</p>