183 Pa. 149 | Pa. | 1897
Opinion by
Mrs. Mary Eyer the mother of Dr. A. W. Eyer died in November, 1888. Her son died in December, 1895. By this proceeding the administrator of the son calls upon the representatives of his mother’s estate for an account, and joins Isaac A. Kline with them as their agent, transacting their business, and having as he alleges custody of the funds and securities belonging to the estate. The bill alleges that as early as 1882 Dr. Eyer, then living in Colorado, sent to his mother for investment for his benefit, the sum of $5,500; and that in 1884 he sent to her the additional sum of $1,000 to be held and invested in the same manner. In addition to these two sums the bill avers that Dr. Eyer sent to her, and that she received, “ other large sums of money ” between May, 1882 and November, 1888 all of which sums were invested by her'for his benefit in interest bearing notes. These moneys the bill further charges came at the death of Mrs. Eyer into the hands of' the defendants and are unaccounted for. The answer admits that the two sums named were received by Mrs. Eyer, were invested by her for Dr. Eyer, and alleges that they have been accounted for. It denies that any other moneys were ever received by her from her son, or have been received by her administrators on his account. •
The evidence on the hearing related mainly to this subject. It showed that Dr. Eyer sent the two sums aggregating $6,500 by mail to Kline by whom they were delivered to Mrs. Eyer and afterwards deposited to her credit in a bank at Lewisburg where she resided. It does not show the receipt of any other money from him whatever. When the two drafts were sent by the doctor they were not accompanied by any instructions, explanations or suggestions whatever. His mother was at first at
The trouble in this case grows out of the manner in which the account was stated in the court below. The learned judge in his tenth finding of fact held that “ there must have been accessions to the trust fund from some source,” for which the defendants were bound to account. He did not ascertain the amount of these accessions, or the time when they were made, from any evidence tending to show the sending or the receipt of money, for there was none. No witness testifies to any accession. No check or draft or letter is produced to indicate that the doctor ever made any other remittance to his mother than the two which were admitted in the answer. Neither the doctor nor his mother seems ever to have referred to any other remittance. The bank account of the mother does not show a credit to her for any remittance except the admitted ones. The finding by the learned judge seems to rest upon the fact that certain securities wei-e spoken of as belonging to the fund. This might well have been accounted for by her mode of hand
The decree is reversed that the accounts may be stated in accordance with this opinion. The record is remitted and a procedendo awarded.