Panezzi's Estate

Citations

• 40 Pa. Super. 282
• 1909 Pa. Super. LEXIS 605

Syllabus

<p>Decedents' estates — Claim against — Set-off—Judgment—Check—Evidence.</p> <p>Where a woman presents a judgment note for $2,000 as a claim against a decedent’s estate, and the note is undisputed, but the executors offer to set off a check paid by the decedent to the claimant shortly before his death, it is reversible error for the court to find from certain statements made by the claimant as a witness, that the check should be applied toward the payment of the judgment, where it appears that such statements were made under a misapprehension resulting from the claimant’s imperfect knowledge of English, and her other testimony shows conclusively that the check was received by her as a repayment of money which the decedent held for her as an investment, and that the check had nothing whatever to do with the judgment.</p>