Hummel's Estate
Supreme Court of Pennsylvania
Appeal, No. 190, Jan. T., 1890, by Margaret J. Hummel, widow, from decree of O.. C. Schuylkill Co., Nov. T., 1893, distributing estate of Charles Hummel, deceased. Exceptions to auditor’s report. From the report of the auditor, James W. Ryan, Esq., it appeared that, on Nov. 4,1885, decedent executed two promissory notes under seal, one to Annie Riland and the other to Emma Dietrich.
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Appeal, No. 190, Jan. T., 1890, by Margaret J. Hummel, widow, from decree of O.. C. Schuylkill Co., Nov. T., 1893, distributing estate of Charles Hummel, deceased. Exceptions to auditor’s report. From the report of the auditor, James W. Ryan, Esq., it appeared that, on Nov. 4,1885, decedent executed two promissory notes under seal, one to Annie Riland and the other to Emma Dietrich. They were the daughters of a deceased sister of decedent’s first wife, and had resided with him as members of his family from their childhood till their marriage. On June 2, 1888, decedent executed three other…
1Opinion of the Court
Opinion by
Mr. Chief Justice Sterrett,
It is too well settled to admit of any doubt that’ a voluntary bond payable at the maker’s death is, both in law and equity, a gift of the money. It is strictly debitum in presenti solvendum in futuro, and as irrevocable as any other obligation under seal, which imports a consideration: Mack’s Appeal, 68 Pa. 231. It must, it is true, be postponed in distribution to creditors, but is good as against the maker, his heirs and legatees : Candor’s Appeal, 27 Pa. 119; and if made in good faith, will conclude even his widow: Ross’s Appeal, 127 Id. 4.
But fraud…
2Cases cited4 opinions
- Reed v. ReedSupreme Court of Pennsylvania · 1840
- Mack & Person's AppealSupreme Court of Pennsylvania · 1871
- Candor & Henderson's AppealSupreme Court of Pennsylvania · 1856
- Greiner's AppealSupreme Court of Pennsylvania · 1883
3Cited by17 opinions
- Beirne v. Continental-Equitable Title & Trust Co.Supreme Court of Pennsylvania · 1932
- Tarter's EstateSupreme Court of Pennsylvania · 1927
- William A. Wagoner's EstateSupreme Court of Pennsylvania · 1896
- Cancilla v. BondySupreme Court of Pennsylvania · 1945
- Eisenlohr's Estate (No. 2)Supreme Court of Pennsylvania · 1917
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