Estate of Sheehan

Citations

• 139 Pa. 168
• 20 A. 1003
• 1891 Pa. LEXIS 969

Syllabus

<p>[To be reported.]</p> <p>1. In the distribution of a decedent’s estate, though the evidence as to the light of a claimant to participate may be such as to authorize an issue, yet, where none is demanded and the parties prefer the decision of the court upon the facts, the finding of the court must be given the same effect as the verdict of a jury.</p> <p>(a) The evidence of a claimant, as to her identity as an heir at law of the decedent, was circumstantial merely, relating to three subjects, to wit, early recollections of the claimant, family resemblance, and a birthmark, and was met by the direct evidence of a witness examined before the court filing the adjudication :</p> <p>2. The burden of proof being upon the claimant, and the evidence before the Orphans’ Court being fully sufficient to submit to a jury and to sustain a verdict against the claim made, the finding of the court against the right of the claimant to participate as an heir at law, would not be disturbed.</p>