Appeal of Daisz
| Decision Date | 07 October 1889 |
| Docket Number | 65 |
| Citation | 128 Pa. 572,18 A. 414 |
| Parties | APPEAL OF WILLIAM C. DAISZ, EXR. [ESTATE OF CHRISTOPHER DAISZ, DECEASED.] |
| Court | Pennsylvania Supreme Court |
Argued May 23, 1889
FROM THE DECREE OF THE ORPHANS' COURT OF LANCASTER COUNTY.
No. 65 July Term 1889, Sup. Ct.; court below, number and term not shown.
On June 18, 1888, the account of William C. Daisz, acting executor of the will of Christopher Daisz, deceased, was presented and confirmed nisi. Exceptions having been filed, Mr. D. McMullen was appointed auditor, to pass upon the exceptions and to report a distribution of the balance found to be in the hands of the accountant.
Before the auditor it appeared that Christopher Daisz died testate on March 27, 1887, leaving to survive him one son, one of his executors and the accountant; two married daughters, Mrs Anna Bush, wife of Matthew D. Bush, and Mrs. Ada Black, wife of Harry Black; and the children of a deceased daughter, Mrs Kate Lorenz. During the hearing it was agreed by all parties in interest "that the auditor shall pass upon the question whether the right to the house and lot, No. 506 West Lemon street, is in the estate of Christopher Daisz, or in Mrs. Anna Bush; if in the estate, then the executors to pass the deed now held by them to Mrs. Anna Bush, who shall take the property as part of her share in the estate at the valuation of $1,500; if in Mrs. Bush, the deed to be surrendered to her; the executors and Mrs. Bush reserving the right to file exceptions to the report of the auditor and to appeal to the Supreme Court."
Mr Brown, counsel for Mrs. Bush called her husband, Matthew D. Bush, as a witness. The witness was objected to as incompetent.
Upon the foregoing question submitted to him, the auditor heard the testimony of Mr. Bush and other witnesses, and found in substance as follows:
On May 2, 1882, the West Lemon street property was purchased from Silas L. Tucker, and paid for by Christopher Daisz, who directed that the deed should be made to his daughter, Mrs. Anna Bush. The deed was duly executed and acknowledged and Mrs. Bush took possession of the premises. On September 5, 1884, Mrs. Bush bought another house in New street for $2,600, giving in part payment therefor a check for $575, drawn by Christopher Daisz to her order and dated September 4, 1884. On the same day, she drew from bank a deposit of $1,000.21 which balanced her account, and on the following day obtained the money on a check drawn by Christopher Daisz to her order for $1,000. Some time before the death of Christopher Daisz, Matthew D. Bush, the husband of Anna Bush, brought the deed to Mrs. Bush for the West Lemon street house, to one Charles Frailey, a conveyancer, who drew a deed for the said premises from Anna Bush and Matthew D. Bush to Christopher Daisz, and took it, with the deed brought to him by Matthew D. Bush, to Christopher Daisz, and left both deeds with him. Frailey testified that he presumed he did this under instructions from Matthew D. Bush, but he did not remember their conversation, and that he thought it occurred two or three years prior to the date his testimony was given, but could not tell the exact date. After September 5, 1884, the rent from the West Lemon street house was paid to Christopher Daisz; after May 2, 1885, it was insured in his name, and after 1886 it was assessed in his name and he paid the taxes, until his death on March 27, 1887. Among his papers were then found the deed to his daughter Anna Bush, for the West Lemon street property, and also the unexecuted deed for the same, from her and her husband to said Christopher Daisz.
Christopher Daisz by his will directed that his property should be divided equally among his children, and "in order to equalize the shares of each of my children I direct that the following sums advanced to them shall be charged against them as follows, to be carried into the general fund of the estate and to be deducted from their respective shares, viz Anna,...
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