Gackenbach v. Brouse
Supreme Court of Pennsylvania
ERROR to the Common Pleas of Lehigh county, in an action of trover brought by Jacob Gackenbach and others, administrators of George Shoemaker, deceased, against Charles Brouse, to recover various articles of personal property, consisting of money, a bond, wearing apparel, and furniture, in which a verdict and judgment were rendered for the defendant. The plaintiffs claimed these articles as the property of George Shoemaker, deceased.
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ERROR to the Common Pleas of Lehigh county, in an action of trover brought by Jacob Gackenbach and others, administrators of George Shoemaker, deceased, against Charles Brouse, to recover various articles of personal property, consisting of money, a bond, wearing apparel, and furniture, in which a verdict and judgment were rendered for the defendant. The plaintiffs claimed these articles as the property of George Shoemaker, deceased. The defendant claimed them under his mother, Susannah Brouse, late Susannah Shoemaker, and took possession of them after her death. It appeared in evidence that…
1Per curiam
— A parol antenuptial settlement such as this, being in consideration of marriage which is a valuable one, is binding at the expiration of the coverture. No statute requires it to be in writing where the subject of the contract is the wife’s chattels; and here it covers the whole case; for it precludes not only the husband’s ownership during the coverture, but his right of survivorship at the dissolution of it. The provision of the intestate law was not designed for a case where the course of the property at the wife’s death was marked out by a settlement. The existence of the contract was…
2Cited by7 opinions
- Lant's AppealSupreme Court of Pennsylvania · 1880
- Earl v. ChampionSupreme Court of Pennsylvania · 1870
- Haraldson v. KnutsonSupreme Court of Minnesota · 1919
- Russo's EstateSuperior Court of Pennsylvania · 1935
- Heller v. Heller's Executors, Pennsylvania Court of Common Pleas, Berks County1922
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