Legal Opinion

Graham v. Graham's Executors

Supreme Court of Pennsylvania

Decided July 1, 1859PublishedCited by 46 opinions

Error to the District Court of Allegheny county. This was an action of assumpsit by Jane Graham against Allen Kramer and D. N. White, executors of William R. Graham, deceased, with notice to his widow and heirs, to recover damages for the breach of an alleged parol contract by the decedent, to give her, in consideration of services rendered, a portion of his estate, at his decease. On the trial of the cause, the plaintiff gave the following testimony.

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Error to the District Court of Allegheny county. This was an action of assumpsit by Jane Graham against Allen Kramer and D. N. White, executors of William R. Graham, deceased, with notice to his widow and heirs, to recover damages for the breach of an alleged parol contract by the decedent, to give her, in consideration of services rendered, a portion of his estate, at his decease. On the trial of the cause, the plaintiff gave the following testimony. JUlizabeth Graham, sworn. — “ I am mother of the plaintiff; my husband’s name was Robert; he died in 1848; I had five children at his death;…

1Opinion of the Court

The opinion of the court was delivered by

Strong, J.

The temptation to set up claims against the estates of decedents, particularly such decedents as have left no lineal heirs, is very great. It cannot be doubted, that many such claims have been asserted, which would never have been known, had it *481been possible for the decedent to. meet his alleged creditor in a court of justice. Not unfrequently, we witness a scramble for a dead man’s effects, disreputable to those engaged in it, and shocking to the moral sense of the community. Such claims are always dangerous, and, when they rest upon parol…

2Cited by46 opinions

  1. Gilbraith's EstateSupreme Court of Pennsylvania · 1921
  2. Butler v. KemmererSupreme Court of Pennsylvania · 1907
  3. Hirst's EstateSupreme Court of Pennsylvania · 1922
  4. Kauss v. RohnerSupreme Court of Pennsylvania · 1896
  5. Fahringer v. Strine EstateSupreme Court of Pennsylvania · 1966

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