McFarland's Estate
Superior Court of Pennsylvania
Appeal, No. 229, Oct. T., 1899, by Isett & Wary, from order of C. P. Blair Co., June T., 1899, No. 23, dismissing exceptions to auditor’s report in the Estate of Albert McFarland. Exceptions to auditor’s report. From the record it appeared that on June 27, 1895, T. P. Gehr assigned all his property, real, personal and mixed to W. A. Ambrose, Esq., in trust for the benefit of the former’s creditors.
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Appeal, No. 229, Oct. T., 1899, by Isett & Wary, from order of C. P. Blair Co., June T., 1899, No. 23, dismissing exceptions to auditor’s report in the Estate of Albert McFarland. Exceptions to auditor’s report. From the record it appeared that on June 27, 1895, T. P. Gehr assigned all his property, real, personal and mixed to W. A. Ambrose, Esq., in trust for the benefit of the former’s creditors. In the deed to the assignee Gehr expressly reserved the benefits of the act of April 9, 1849, and its supplements, exempting property to the extent of $300, from levy and sale. Ambrose subsequently…
1Opinion of the Court
Opinion by
Rice, P. J.,
Assuming that Mr. Hicks had authority, or that the Peoples’ Building and Loan Association is estopped to deny his authority to make the agreement of December 23,1893 with Thomas P. Gehr, it would follow that by virtue of the latter’s assignment for the benefit of creditors, his title to the McFarland note and his interest, under the Hicks agreement, in the McFarland judgment passed to his assignee, unless that result was prevented by the reservation in his deed “of such an amount of property, real, personal and mixed as is by law exempt.” Such reservation entitles the…
2Cases cited3 opinions
- Peterman's AppealSupreme Court of Pennsylvania · 1874
- Chilcoat's AppealSupreme Court of Pennsylvania · 1882
- Shaeffer's AppealSupreme Court of Pennsylvania · 1882
3Cited by2 opinions
- Maschke, Receiver v. O'BrienSuperior Court of Pennsylvania · 1940
- Miller v. JacksonSupreme Court of Pennsylvania · 1907