Huston v. Harrison

Citations

• 168 Pa. 136
• 31 A. 987
• 1895 Pa. LEXIS 768

Syllabus

<p>Equity — Evidence—Responsive answer.</p> <p>Where a bill in equity against the executrix of the estate of plaintiff’s mother was filed nearly eight years after the account of the executrix had been adjudicated by the orphans’ court, which averred the fraudulent appropriation by the executrix of certain property belonging to the decedent, in which plaintiff has an interest as heir and legatee, and the fraudulent omission to include it in the account; and that the facts alleged in the bill became known to plaintiff only recently before filing the bill, and the answer of defendant directly and explicitly denied the averments of fraud in the bill, and claimed ownership of the property by the defendant, the burden is on the plaintiff to meet the responsive answer and overcome it with two witnesses, or with one witness and corroborative circumstances.</p>