Green v. Howell
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Northampton county. An amicable action was entered between Enoch Green and John Stewart, executors, &c. of Eseck Howell, deceased, plaintiffs, and George G. Howell, defendant, in which the following agreement was filed: “Whereas the said Eseck Howell at the time of his death held a note against the said George G. Howell, due and unpaid, for the sum of $3892, which by the last will and testament of the said Eseck Howell, deceased, duly proved, &c.…
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ERROR to the Common Pleas of Northampton county. An amicable action was entered between Enoch Green and John Stewart, executors, &c. of Eseck Howell, deceased, plaintiffs, and George G. Howell, defendant, in which the following agreement was filed: “Whereas the said Eseck Howell at the time of his death held a note against the said George G. Howell, due and unpaid, for the sum of $3892, which by the last will and testament of the said Eseck Howell, deceased, duly proved, &c. is to be deducted from the share coming to the said George G. Howell out of the estate of the said Eseck Howell,…
1Opinion of the Court
The opinion of the Court was delivered by
Gibson, C. J.
That the notes in question were originally evidence of debt, is not to be contested; for whatever may have been the ultimate purpose of the father, the monies advanced by him might have been recovered back, which shows they were not given absolutely in anticipation of the shares at his death. But whatever they were at first, he had power to turn them into advancements by his will; and he did so by directing his executors to ascertain how much had been advanced to each of his children, or how much each of them had been indebted to him, and…
2Cited by4 opinions
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- Ritch v. . HawxhurstNew York Court of Appeals · 1889
- Porter's AppealSupreme Court of Pennsylvania · 1880
- Duckworth's Ex'rs v. ButlerSupreme Court of Alabama · 1857