194 Pa. 259 | Pa. | 1899
Opinion by
The numerous assignments of error in this case have practically resolved themselves into two. The first of them raises
The second question raised by the assignments affects the right of J. B. Tenan to have any distribution of the fund on account of his ownership of the one half of the mortgage given by the decedent to the Mutual Life Insurance Company of New York. There is no question as to his ownership of this one-half interest, and there is also no question as to the fact that it has never been actually paid. The objection to any payment being allowed now is, that it has been technically paid by
The decree of the court below is affirmed at the cost of the appellant, and record remitted.