Lonsdale's Estate
Supreme Court of Pennsylvania
' Appeal from the decree of the Orphans’ Court of Allegheny county. A. B. McCalmont, Esq., the auditor appointed by the court, made the following report:— Thomas Lonsdale made his last will and testament on the 20th day of August, 1847. By that will he bequeathed to his wife the sum of $100 a year in lieu of dower, the payment of which was to cease in the event of her marrying again.
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' Appeal from the decree of the Orphans’ Court of Allegheny county. A. B. McCalmont, Esq., the auditor appointed by the court, made the following report:— Thomas Lonsdale made his last will and testament on the 20th day of August, 1847. By that will he bequeathed to his wife the sum of $100 a year in lieu of dower, the payment of which was to cease in the event of her marrying again. The rest of his estate, after payment of debts, he devised and bequeathed in equal shares to his four brothers in England, who are hereinafter more particularly named. He also appointed Peter Bates, Esq., and…
1Opinion of the Court
The opinion of the court was delivered by
Woodward, J.
This case was very well considered and decided by the auditor. He finds that the assignment which Lonsdale made of the two Beckert mortgages was without valuable consideration — that he continued to receive the interest on the mortgages as before the assignment, and made no delivery of them in pursuance of the assignment until his long-continued intemperance, amounting sometimes to mania, had unfitted him to do business, and that the delivery then was to that one of the assignees who was his own agent, who was at that time, and previously,…
2Cited by2 opinions
- Young's EstateSupreme Court of Pennsylvania · 1902
- Beirne v. Continental-Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1932