The Lancaster Law Review Volume 9

The Lancaster Law Review Volume 9

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1892 edition. Excerpt: ...ac count of an administrator filed in our Register's office, where he pays out the fund without the protection of an auditor. It doesn't appear that there was ever an account filed on Benjamin Coldren's estate. In Reber's Appeal, 125 Pa., 20, the Court say, " that the statute of limitations cannot be tolled by anything short of a suit at law, or what is its equivalent in the Orphans' Court; that a mere demand upon an executor is not such equivalent, and does not toll the statute." The proceedings had in the Probate Court of Summit County, Ohio, do not amount to a judgment of that Court, neither were they such as would toll the statute; hence the children of Benjamin Coldren are entitled to receive their share of the estate of Allen Coldren, deceased. Exceptions were filed to this decision of the auditor. April 16, 1892. Opinion by Livingston, P. J. This case was examined by his Honor, Judge Patterson, who decided that the exceptions had not been sustained, and should be dismissed. He died without having filed an opinion. We have, since his decease, also made an examination, and have found no reason to differ from the conclusion he arrived at. The exceptions, are. therefore, dismissed, and the report of the auditor confirmed absolutely, as last filed and presented. O. C. OF MONTGOMERY COUNTY. Estate of Harriet Y. Shepard, Dec'd. Lien and attaching creditors of one who under the intestate laws would have an interest in his ancestor's estate, are "persons interested" entitled to appeal from the probate of a will which, by demurrer, is admitted to be a forgery, and under which the debtor heir takes nothing. Appeal from probate of will. Childs f-Evans, Esqs., for appellants. Larzelere ij-Grt'6-on, Esqs., for appellees. March...show more

Product details

  • Paperback | 304 pages
  • 189 x 246 x 16mm | 544g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236534344
  • 9781236534347