Estate of Seibert

Citations

• 4 Pa. Super. 514
• 1897 Pa. Super. LEXIS 155

Syllabus

<p>Substitution — Bight of, only applied in clear cases — Laches.</p> <p>The benefit of substitution is only applied in a olear case, appearing from the proceedings in the case, and this right, if existing, may be lost by laches.</p> <p>Appeals — Weight of findings of fact by auditor.</p> <p>When the question whether money paid by a widow, in relief of her husband’s estate, was a gift, loan, or advancement, under circumstances entitling her to subrogation to the rights of creditors whose debts were paid, is a question of fact, and where its decision depends upon the veracity and recollection of witnesses who appeared before the auditor and the value of whose testimony could be best measured by Mm, Ms finding will rarely be disturbed by the appellate court when confirmed by the court below.</p>