Hurst v. Spotts

Opinion by

Mr. Justice Walling,

This action of assumpsit was brought to recover the principal sum stated in a certain charge upon real estate. Daniel Diller, of Lancaster County, died intestate on November 21, 1896, leaving as his only child a daughter, Mrs. Katie D. Hurst and a widow, Mrs. Hettie A. Diller. He died seized, inter alia, of a certain one-hundred-and-eight-acre farm located in said county, which the daughter inherited, subject to the widow’s dower. To adjust the latter, the parties (the daughter’s husband joining therein), on December 17, 1903, entered into a written agreement,…