Wagner's Estate

Citations

• 152 Pa. 384
• 25 A. 564
• 1893 Pa. LEXIS 985

Syllabus

<p>Decedents' estates — Feigned issue — Evidence.</p> <p>Evidence insufficient to sustain a verdict in a feigned issue against an executor to determine whether he is indebted to the estate or not, is also insufficient to justify the orphans’ court in surcharging him with the alleged debt. Smith v. Hay, supra, followed.</p> <p>In the adjudication of the executor’s account it was not error for the auditor to admit in evidence the record in the feigned issue, and also the agreement between the decedent and the executor relating to the alleged debt.</p>