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147 Pa. 124

Qualters' Estate

Supreme Court of Pennsylvania

Decided January 4, 1892

Supreme Court of Pennsylvania · decided 1892-01-04

Appeal No. 323, Oct. T., 1891, by M. Qualters, from decree of O. C. Allegheny Co., June T., 1891, No. 26, dismissing exceptions to adjudication. On June 30,1891, the account of Martin Qualters, administrator of the estate of his wife, Ann Qualters, deceased, was •called for audit.

Relies on Miller's Appeal · Estate of High

Good law ✅— No negative treatment on recordhow we know

Decided 1892-01-04

How this case has been cited

Cited by 13 later decisions — most recently September 1992

13 state decisions

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Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Pee Ctjeiam,

¶1If the money in controversy really belonged to the appellant, and had been included in his account as administrator of his wife’s estate, by mistake or through ignorance of his rights, the court below would doubtless have allowed him to withdraw it from said account: Marshall v. Hoff, 1 W. 440; Miller’s Ap., 84 Pa. 391; High’s Est., 136 Pa. 236. The difficulty is the appellant has failed to establish a trust. Prima facie the money belonged to appellant’s wife in whose name it had been deposited, and the presumption thus raised has not been overcome.

¶2The decree is affirmed, and the appeal dismissed at the cost of the appellant. C.

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