The York legal record Volume 10 - Tapa blanda

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. 1897 Excerpt: ...in the Orphans' Courts. The words "sue for and recover" do not necessarily mean suit in the Common Pleas, nor is it necessary that proceedings must be taken in the lifetime of the person maintained by the Directors or Overseers of the Poor. The Directors of the Poor could have sequestered the funds in the hands of the Steward. The only penalty they incur by their failure to do so, is that they must pro rate with other creditors. Claims were presented by B and C for boarding, lodging, etc., for decedent for a period from nine to three years before his death. The Directors plead the bar of the statute of limitations, for all of the claim more than six years before decedent's death. The Auditor found a promise to pay "when decedent obtained his pension," and as that event occurred less than six years before death, allowed the full claim. Exceptious were filed to thisallowauce. Hexd, that the exception must be sustained. Where services have been rendered by one person to another the law presumes a promise on the part of him who has received them, to pay what the services were reasonably worth; and if there is any recovery against the decedent's estate, it must be on an implied contract, upon which recovery cannot be had against the plea of the statute, for any services or maintenance rendered or furnished decedent within six years before the presentation of said claims to the Auditor. Exceptions to Auditor's report. The report of the Auditor, R. E. Cochran, Esq., was as follows: That after having given due and legal notice of ihe time and place of meeting for the purpose of his appointment, as required by law and by the rules of your Honorable Court, by advertising the same same in the York Dispatch and the York Legal Record, he attended at ...