Farrell Estate

63 Pa. D. & C. 436, 1948 Pa. Dist. & Cnty. Dec. LEXIS 375
CourtPennsylvania Orphans' Court, Philadelphia County
DecidedJune 4, 1948
Docketno. 3116 of 1947
StatusPublished

This text of 63 Pa. D. & C. 436 (Farrell Estate) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farrell Estate, 63 Pa. D. & C. 436, 1948 Pa. Dist. & Cnty. Dec. LEXIS 375 (Pa. Super. Ct. 1948).

Opinion

Klein, J.,

At the audit claims were presented by August Rudolph in sums totaling $7361.85, made up in the following manner :

1. A judgment note bearing date August 12, 1946, in the sum of $666.28, with interest'in the amount of $49.30, or a total of $715.59. This claim was admitted by the administratrix and awarded in the adjudication.

2. A judgment on a note bearing date October 25, 1924, in the sum of $500 against Harry A. Farrell, decedent, and David Bradley. This judgment was originally entered in Chester County and the transcript filed in Philadelphia County on February 26, 1925, in Common Pleas Court No. 3, December term, 1924, no. 14922. Interest was claimed on this [437]*437judgment in the amount of $690.92, plus a collection fee of $50, making a total claim of $1,240.92.

3. A judgment on a note bearing date October 2, 1924, in the sum of $1,100 against Harry A. Farrell, decedent, and David Bradley. This judgment was also originally entered in Chester County and the transcript also filed in Philadelphia County on February 26, 1925, in Common Pleas Court No. 3, December term, 1924, no. 14923. Interest was claimed on this judgment in the amount of $1,424.24, plus a collection fee of $110, making a total claim of $2,634.24.

4. A judgment on a note bearing date October 2, 1924, in the sum of $800 against Harry A. Farrell, decedent. This judgment was entered on February 28, 1925, in Common Pleas Court No. 4, December term, 1924, no. 15280. Interest was claimed on this judgment in the amount of $1,108.53, making a total claim of $1,908.53. This judgment was revived by sci. fa. in 1930.

5. A judgment on a note bearing date February 9, 1925, in the sum of $350 against Harry A. Farrell, decedent, and David Bradley entered on February 25, 1925, in Common Pleas Court No. 2, December term, 1924, no. 14874. Interest was claimed on this judgment in the sum of $477.57, plus a collection fee of $35, making a total claim of $862.57. This judgment was revived by sci. fa. in 1930.

The auditing judge disallowed the claims on the first two judgments. He based his conclusion on the fact that the judgments had been entered more than 20 years prior to decedent’s death, and the evidence did not overcome the presumption that they had been paid. No exceptions were taken to this finding by claimant. The auditing judge allowed the claims on the latter two judgments, which had been revived in 1930. Exceptions were taken to the allowance of these claims, and they are now before us for consideration.

[438]*438The testimony discloses that between the years 1923 and 1925 decedent, Harry A. Farrell, was in partnership with David Bradley in the real estate business in the City of Philadelphia. Apparently all of claimant’s business transactions with decedent and his partner occurred during this period, and it should be noted that the four judgments upon which claims were made were all entered in Philadelphia County within a period of four days from February 25, 1925, to February 28, 1925.

It appears from the record that Rudolph and decedent operated a loan company. Apparently it was their practice for decedent to give Rudolph his judgment note for the money advanced to borrowers from the company. Rudolph also apparently advanced monéy directly to Farrell and to Bradley in connection with real estate deals and other transactions. Almost 25 years have elapsed since these transactions took place, and no one seems to have any clear recollection of their details, claimant least of all.

Where the enforcement of a claim on a specialty has been delayed for a long time, any circumstance which shows that the conduct on the part of the obligee was inconsistent with the existence of the debt as a valid claim will, taken with the delay, support the inference that the obligation has been paid; and this is especially so where the claim is against a decedent’s estate. No fixed rule of substantive law or evidence can be laid down as to the scope, quality or quantity of the additional circumstances necessary to support the presumption of payment arising from a delay of less than 20 years; each case depends upon its individual circumstances: Conrad’s Estate, 333 Pa. 561 (1938). Chief Justice Kephart, in reversing the lower court in this case, said at page 567:

“This court has frequently stated that where a claim which could have been made against a decedent during his lifetime is not presented until after his death, it is [439]*439viewed with the greatest suspicion. Normally, creditors and obligees are prompt to assert their claims and press them during the lifetime of the debtor. It is only natural that the courts should lend their assistance to the representatives of a decedent to compel claimants who fail to do so to establish their claims beyond reasonable doubt.”

See also Moore Estate, 349 Pa. 236 (1944). The fact that judgment had been entered on the notes does not affect the operation of this rule. See Lefever’s Estate, 278 Pa. 196 (1923).

Claimant’s conduct has been so entirely inconsistent with his contention that these judgments are still due him, and his course of conduct has been so fraught with suspicion and lack of frankness, that we are of the opinion that his claim on the judgments must be dismissed because he waited these many years until Farrell died before he made any effort to enforce payment.

Sometime in 1926, an account was stated by claimant of the balance of decedent’s obligation to him. This account was reduced to writing in claimant’s own hand and retained by decedent. For a period of more than 20 years prior to the death of decedent all of claimant’s efforts to collect his debt from decedent were on the basis of this account stated. He never made any demand for payment of the old judgments until many months after decedent died. We must, therefore, assume that this account is in full settlement of the claims between the parties: McLaughlin v. Harr, 99 F. (2d) 638, affirming 20 F. Supp. 27 (1938). Matured debts are discharged by a manifestation of assent in good faith by debtor and creditor to a stated sum as an accurate computation of the amount of the matured 'debt or debts due the creditor: Donahue v. Philadelphia, 157 Pa. Superior Ct. 124 (1944).

We are convinced from a careful study of this record that the account stated between the parties in [440]*4401926 sets forth fully the obligations of decedent to claimant and includes the four judgments upon which claim was made at the audit.

Let us study the account stated by claimant. On the first page he listed advances by him in the sum of $1,960 and receipts of $1,889.06, and showed a balance due him of $70.94. On the second page he lists additional obligations to him, including the balance of $70.94 from the first page, in the total sum of $1,171.28. We deem it significant that there are included in this account stated four items in exactly the same amounts as the four judgments upon which claims are being made, viz., $1,100, $500, $800 and $350.. Counsel for the accountant was vigorous in his contention that the four judgments are all included in this account stated. Bearing in mind our Supreme Court’s cautionary warning that stale claims such as we are considering are to be viewed with the greatest suspicion, let us examine claimant’s own testimony with respect to these four items.

He was asked (p. 31) :

“Q. Mr. Farrell has testified from the stand that the $800 in Exhibit A was paid to you. Is that true or false?

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Related

Conrad's Estate
3 A.2d 697 (Supreme Court of Pennsylvania, 1938)
Moore Estate
36 A.2d 812 (Supreme Court of Pennsylvania, 1944)
Donahue v. Philadelphia
41 A.2d 879 (Superior Court of Pennsylvania, 1944)
Lefever's Estate
122 A. 273 (Supreme Court of Pennsylvania, 1923)
Harr v. MacLaughlin
20 F. Supp. 27 (E.D. Pennsylvania, 1937)

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Bluebook (online)
63 Pa. D. & C. 436, 1948 Pa. Dist. & Cnty. Dec. LEXIS 375, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farrell-estate-paorphctphilad-1948.