Shea v. Shea
Supreme Court of Pennsylvania
FROM THE DECREE OE THE COURT OE COMMON PLEAS OE LUZERNE COUNTY. No. 200 January Term 1888, Sup. Ct.; court below, No. 1 January Term 1886, C. P. On November 80, 1885, Susan Sbea, filed a bill in equity against Patrick Sbea, Ellen Smoulter and John Smoulter, her husband, and Mary A. Smith and Joseph Smith, her husband.
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FROM THE DECREE OE THE COURT OE COMMON PLEAS OE LUZERNE COUNTY. No. 200 January Term 1888, Sup. Ct.; court below, No. 1 January Term 1886, C. P. On November 80, 1885, Susan Sbea, filed a bill in equity against Patrick Sbea, Ellen Smoulter and John Smoulter, her husband, and Mary A. Smith and Joseph Smith, her husband. The bill averred that the plaintiff was the widow of Thomas Shea, deceased, to whom she had been married on September 27, 1884, and paragraph 3 was as follows: 3. That after she had agreed to marry him and on the day of tbe wedding be proposed to ber to sign a paper, as be said,…
1Opinion of the Court
Opinion,
Mr. Justice Green :
It is true that the third paragraph of the plaintiff’s bill contains an allegation that she had, on the day of her marriage, signed some paper which she believed contained an agreement for the payment to her by Shea of a monthly sum after his death. If this paper, though informally and incompletely averred as it is in the bill, was in part, or in whole, the basis of her claim for a decree and was essential t“o her right to have a decree, it would doubtless be incumbent upon her to establish it, and any averments she might make in respect to it or in respect to its…
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