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17 Serg. & Rawle 292

Silver v. Williams

Supreme Court of Pennsylvania

Decided May 28, 1828

Supreme Court of Pennsylvania · decided 1828-05-28

Martin Qreider, jr., died intestate, leaving some property, but not sufficient to pay all his debts. Auditors were assigned to apportion the assets. They rejected the demands of Williams and Dimmy, who claimed to be first paid their debts in full, due to th.em as servants of. the intestate, under the act of assembly which gives'a priority of payment to “physic, funeral expenses, and servants’ wages.” The Orphans’ Court reversed the decision of the auditors.

Decided 1828-05-28

Tod, J.

¶1As well as can be judged of proof from depositions, there is strong doubt whether the appellees ever were employed as domestic servants.

¶2There is contrariety pf evidence; and the time of the completion of the service is not fixed eithér in the case of Dimmy or of Williams. We decide the case on a point relative to which there is, as to the fact, no dispute;- and, as to the law, no-diflerence of opinion on the bench. We all think that the right of preference of the appellees, as- servants claiming their wages, supposing them even to have once had such right, has been waved and extinguished by their taking from the intestate single-bills payable at a future day, with interest, and one of them with a surety. ■ The decree of the Orphans’ Court is reversed, and the report of the auditors confirmed. ' ....

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