Helfenstein's Estate
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Montgomery county: Of July Term 1874, No. 32. In the distribution of the estate of Albert Helfenstein, deceased. Albert Helfenstein, a minister of the German Reformed Church, made the following note: “$4000. North Wales, Montgomery Co., Pa.
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Appeal from the Orphans’ Court of Montgomery county: Of July Term 1874, No. 32. In the distribution of the estate of Albert Helfenstein, deceased. Albert Helfenstein, a minister of the German Reformed Church, made the following note: “$4000. North Wales, Montgomery Co., Pa. June 1870. “ One year after date I promise to pay to the order of Rev. D. Winters, D. D., Treasurer of the Theological Seminary at Tiffin, Ohio, or his successors in office, for the time being, the sum of four thousand dollars, at six per cent, interest, to be paid yearly, value received. “ Due, June 1871. ' “ The…
1Opinion of the CourtJustice Sharswood
*331Had the decedent united with others as a subscriber to the fund for the increase of the library of the Theological Seminary at Tiffin, Ohio, the note upon which the appellant made his claim might have been sustained under the case of Caul v. Gibson, 3 Barr 416. Or, if the note had been accepted by the trustees, before the death of the promissor, it would have stood on the footing of the principle applied in Chambers v. Calhoun, 6 Harris 13; for in such case, if the trustees assumed the duty imposed upon them by the terms of condition of the note, it would have been a sufficient consideration…
2Cited by17 opinions
- Estate of SmithPennsylvania Orphans' Court, Philadelphia County · 1891
- Beall v. BeallCourt of Appeals of Maryland · 1981
- Truver v. KennedySupreme Court of Pennsylvania · 1967
- Thompson WillSupreme Court of Pennsylvania · 1965
- Presbyterian Board of Foreign Missions v. SmithSupreme Court of Pennsylvania · 1904
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