Estate of Eshelman

Citations

• 143 Pa. 24
• 21 A. 905
• 1891 Pa. LEXIS 903

Syllabus

<p>[To be reported.]</p> <p>1. A testator recited in Ms will that be was indebted to Ms sisters in certain sums which he directed Ms executor to pay. On distribution, his ' widow objected to the allowance of said sums, averring that they were not bona-fide debts, and that the will was in fraud of her rights. The competency of the sisters to testify that the indebtedness was bona fide, doubted, but not decided.</p> <p>2. When declarations of a decedent are offered, not for the purpose of creating a debt, or of taking the case out of the statute of limitations, but to rebut a presumption of payment arising from receipts and releases,* their admissibility does not depend upon their being made directly to the creditor or his agent, but they may be proved by the testimony of any one who heard them.</p> <p>3. The presumption of actual payment, arising from a receipt for purchase money in a deed, or from an acknowledgment of payment in a release of a charge on land,* is not a conclusive presumption, but may be rebutted by parol evidence. In the present case, there was sufficient competent testimony submitted to rebut such presumption.</p> <p>4. A widow, a legatee under the will of her husband, will not be granted an issue to determine the bona fides of an alleged indebtedness of the testator, which his will expressly admits to be owing and directs to be paid, when she hag not elected to take against the will, and her right to do so has been extended by agreement until final settlement of the estate: Per Stewart, P. J.</p>