Case of the accounts of Siter
Supreme Court of Pennsylvania
This was an appeal from the decree of the Orphans’ Court of Chester county, confirming the guardianship account of the appellees, Edward Siter and Dewalt Beaver, guardians of Ann Jordan late Siter. The appeal was taken by Hiram Taylor, who after the death of her first husband, Jordan, intermarried with the ward. The facts material to the point made here were these.
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This was an appeal from the decree of the Orphans’ Court of Chester county, confirming the guardianship account of the appellees, Edward Siter and Dewalt Beaver, guardians of Ann Jordan late Siter. The appeal was taken by Hiram Taylor, who after the death of her first husband, Jordan, intermarried with the ward. The facts material to the point made here were these. Adam Siter, the father of the ward, died in 1799, intestate, and leaving real and personal estate, a widow and children. In 1803, the appellees were appointed gardians of the person and estate of his daughter Ann, then an infant…
1Opinion of the Court
were relieved by the Court, whose opinion was delivered by
Gibson, C. J.
The objection to this settlement is rested on the authority of Hartman v. Dawdle, 1 Rawle, 279, which requires a valuable consideration for the contract of equitable assignment, in order to bar the wife’s survivorship. It certainly was decided there, and on indisputable authority, that an equitable assignment is executory, whether it purports to be an agreement or a conveyance of the title; and that it is not to be executed in favour of a volunteer, against the conjugal rights of the wife. But would a chancellor withhold…
2Cases cited3 opinions
- Schuyler v. HoyleNew York Court of Chancery · 1821
- Hartman v. DowdelSupreme Court of Pennsylvania · 1829
- Griffith v. ChewSupreme Court of Pennsylvania · 1822
3Cited by16 opinions
- Louisville Board Fire Underwriters v. JohnsonCourt of Appeals of Kentucky · 1909
- Tritt's Administrator v. Colwell's AdministratorSupreme Court of Pennsylvania · 1858
- George v. GoldsbySupreme Court of Alabama · 1853
- Aston's EstateSupreme Court of Pennsylvania · 1840
- Miocic v. AstrueDistrict Court, N.D. Illinois · 2012
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