Estate of Irwin

Citations

• 133 Pa. 1
• 19 A. 284
• 1890 Pa. LEXIS 862

Syllabus

<p>1. When an auditor, appointed to distribute the estate of a decedent, has rejected a claim, on the ground that it was insufficiently established, without palpable error, and his rejection is sustained by the court below, the decree of confirmation will not be reversed, and the question whether the presentation of the claim on a former audit, but without adjudication thereon, will toll the bar of the statute of limitations, will not arise.</p> <p>2. It may be that a claim “ was as fully proved as the nature of the case admitted; ” but, while an old claim is more difficult of proof than one that is of recent origin, the rules of evidence cannot be relaxed in favor of stale claims on that account; on the contrary, such claims require and should receive additional caution before they are admitted as established.</p>