Opinion
January 30, 1935.
June 29, 1935.
Decedents' estates — Determination of heirs of decedent who dies without known relatives — Evidence — Sufficiency.
On appeal, the decree of the orphans' court dismissing the claims of the alleged heirs of the decedent who died without issue and without known relatives, was affirmed, where it appeared that the entire case of claimants rested upon evidence that on several occasions decedent and his father said that a named ancestor of the claimants was a cousin of decedent's father, that decedent and claimants' ancestor had impediments in their speech, and visits were exchanged between them occasionally.
Argued January 30, 1935.
Before FRAZER, C. J., SIMPSON, KEPHART, SCHAFFER, MAXEY, DREW and LINN, JJ.
Appeals, Nos. 4-9, March T., 1935, by claimants, from decree of Allegheny Co., Feb. T., 1934, No. 223, in estate of John H. Link, deceased. Decree affirmed.
Audit of account of administrator. Before TRIMBLE, P. J.
The opinion of the Supreme Court states the facts.
Decree entered awarding balance of estate to Commonwealth. Exceptions to decree of auditing judge dismissed, TRIMBLE, P. J., MITCHELL and CHALFANT, JJ., opinion by TRIMBLE, P. J. Claimants appealed.
Error assigned, among others, was final decree.
J. C. Brandon, of Brandon, Brandon Ross, with him A. R. Cingolani, for appellants.
H. Stanley Douglass, Special Deputy Attorney General, with him John Y. Scott, Deputy Attorney General, and Charles J. Margiotti, Attorney General, for appellee.
These six appeals concern another line of claimants to the estate of John H. Link, who died intestate August 26, 1930. We have disposed of the claims of the German claimants in our opinion at Nos. 207-12, March Term, 1934, filed herewith, and these appeals have been taken by the Butler County line of claimants. The court below dismissed these claims.
The preceding case.
Their entire case rests upon testimony of several occasions when John Link and his son, the decedent, said that appellants' ancestor, Frederick Link, a resident of Butler County, was a "cousin" of the elder Link. They also showed that both John H. Link and Frederick Link had impediments in their speech, and that visits were exchanged between them occasionally. We affirm the decree of the court below on the opinion of Judge TRIMBLE relating to these claimants.
Decree affirmed at appellants' cost.