Legal Opinion

Eaby's Estate

Superior Court of Pennsylvania

Decided April 18, 1910No. Appeal, No. 224Published

Appeal, No. 224, Oct. T., 1908, by plaintiff, from decree of O. C. Lancaster Co., May T., 1908, No. 10, dismissing exceptions to adjudication in Estate of Joseph Eaby, deceased. Exceptions to adjudication. Before Smith, P. J. The facts are stated in the opinion of the Superior Court. Error assigned was in dismissing exceptions to adjudication.

1Opinion of the Court

Opinion by

Morrison, J.,

The written contract entered into between Joseph Eaby and John Boose, husband of Sallie Boose, is a complete defense to the appellent’s claim for $300, extra compensation for taking care of Joseph Eaby. The contract reads as follows:

“This Indenture, Made the First day of March, Anno Domini, 1904, Between Joseph Eaby, of the village of Intercourse, Pa., of the one Part, and John Boose, now of Monterey, Pa., of the other part, Witnesseth that the said Joseph Eaby doth by these presents Lease and Let unto the said John Boose, for the term of one year, from the first day of…

2Cases cited8 opinions

  1. Cummiskey's EstateSupreme Court of Pennsylvania · 1909
  2. Lewis's EstateSupreme Court of Pennsylvania · 1893
  3. Rosencrance v. JohnsonSupreme Court of Pennsylvania · 1899
  4. Grossman v. ThunderSupreme Court of Pennsylvania · 1905
  5. Estate of MooreSuperior Court of Pennsylvania · 1900

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