Crawford's Appeal
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Philadelphia, in the Estate of Henry M. Crawford, deceased: No. 67, to January Term 1869. The question in this case arose upon the distribution of the personal estate pf Henry M. Crawford, who died intestate without issue, leaving a widow Sarah Crawford and twenty-five nephews and nieces; there were no creditors, claimants on the fund.
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Appeal from the Orphans’ Court of Philadelphia, in the Estate of Henry M. Crawford, deceased: No. 67, to January Term 1869. The question in this case arose upon the distribution of the personal estate pf Henry M. Crawford, who died intestate without issue, leaving a widow Sarah Crawford and twenty-five nephews and nieces; there were no creditors, claimants on the fund. The personal estate for distribution amounted to $128,750. The distribution was referred to George M. Connaroe, Esq., as auditor. The only disputed claim was that of Sarah Crawford, the widow, for $3000 principal and $702.39…
1Opinion of the Court
The opinion of the court was delivered, February 28th 1869, by
Agnew, J.
The title of the appellant to the $3000, credited to her on her husband’s books, cannot be supported as a debt. A contract by parol, which includes an unsealed writing, needs a consideration to support it: Kennedy’s Ex’rs. v. Ware, 1 Barr 450; Whitehill v. Wilson, 3 Penna. 413; Campbell’s Estate, 7 Barr 100. Nor could it be supported as an ordinary gift between strangers, taking into connection with the books the explanatory proof of the facts. It would have no greater effect than an envelope enclosing securities for debt,…
2Cases cited1 opinion
- Herr's AppealSupreme Court of Pennsylvania · 1843
3Cited by8 opinions
- Estate of SmithPennsylvania Orphans' Court, Philadelphia County · 1891
- Leitch v. Diamond National BankSupreme Court of Pennsylvania · 1912
- Patrick v. SmithSuperior Court of Pennsylvania · 1896
- Reiff's EstateSuperior Court of Pennsylvania · 1901
- Madeira's AppealSupreme Court of Pennsylvania · 1886
3 more not listed; retrieve them via the Exa API.