Kern's Estate
Supreme Court of Pennsylvania
Appeal, No. 288, Jan. T., 1895, by Hood Gilpin and The Fidelity Insurance, Trust and Safe Deposit Company, trustees of William H. Kern, deceased, from decree of O. C. Philas Co., April T., 1893, No. 248, sustaining exceptions to adjudication. Exceptions to adjudication.
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Appeal, No. 288, Jan. T., 1895, by Hood Gilpin and The Fidelity Insurance, Trust and Safe Deposit Company, trustees of William H. Kern, deceased, from decree of O. C. Philas Co., April T., 1893, No. 248, sustaining exceptions to adjudication. Exceptions to adjudication. The facts appear by the following opinion of Hanna, P. J. The first of the exceptions to be considered to the conclusions reached by the auditing judge are those to the award to Mabel Ella Kern of the claim presented by her to recover as payee upon a promissory note signed by testator for $10,000, and in connection therewith…
1Opinion of the Court
Opinion by
Mr. Justice Mitchell,
With regard to the $10,000 note, though the circumstances are somewhat confused, and the testimony would have supported a finding that Mr. Kern intended the delivery of the Coal Company stock as well as of the note to his granddaughter, as security for her note, discounted in his favor, yet it is also consistent with the view taken by the learned judge below, and we cannot say that ho was in error. It appears then that she gave her note or due bill and received his note for the same amount as security. Subsequently she was compelled to pay her note, and was…
2Cases cited1 opinion
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- Mellier's EstateSupreme Court of Pennsylvania · 1935
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