Gillingham's Estate

Citations

• 220 Pa. 353
• 69 A. 809
• 1908 Pa. LEXIS 781

Syllabus

<p>Will — Legacy—Charge of debt against legatee — Books of account— Statute of limitation — Evidence.</p> <p>Where a testator directs that a debt due to him by his brother shall be charged against a legacy given to the brother, books of account of the testator are admissible in evidence to show the amount of the debt due by the brother, where the testator’s private secretary who produces the books testifies that the decedent had directed that the account against his brother should be carried over from year to year as an indebtedness, and that it remained unpaid at the time of the decedent’s death. In such a case the brother cannot plead the statute of limitation, inasmuch as he is a mere volunteer, and must take the bounty of the testator upon the terms upon which it was bestowed.</p>