Losch's Estate
Supreme Court of Pennsylvania
Appeal, No. 30, Jan. T., 1919, by Angelina Kern Schaffer, from decree of O. C. Lehigh Co., Jan. T., 1914, No. 38, refusing specific performance in Estate of Charles Losch, deceased. Petition for specific performance.
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Appeal, No. 30, Jan. T., 1919, by Angelina Kern Schaffer, from decree of O. C. Lehigh Co., Jan. T., 1914, No. 38, refusing specific performance in Estate of Charles Losch, deceased. Petition for specific performance. Geoman, P. J., filed the following opinion: Charles Losch died testate on or about the 17th day of November, 1913. Five days before his death, on November 12, 1913, it is alleged he signed the following paper writing: “I will give my home Furnished as it now is all of 619. Linden st. to my present housekeeper who is now takeing care of me to Angelina Kern. For special favors and…
1Opinion of the Court
Per Curiam,
The paper signed by the decedent, which appellant insists is a contract to be specifically enforced, is clearly testamentary: Wilson v. Yan Leer, 103 Pa. 600; Megary’s Est., 206 Pa. 260. It vested no present interest, but only appointed what was to be done after the death of the maker, and this is the test of its character: Turner v. Scott, 51 Pa. 126. In Shields v. Mifflin’s Executors, 3 Yeates 389, relied upon in support of appellant’s contention, the paper signed by Thomas Mifflin was an executed contract, acknowledging and promising to pay a liability which could have been…
2Cases cited4 opinions
- Turner v. ScottSupreme Court of Pennsylvania · 1867
- Megary's EstateSupreme Court of Pennsylvania · 1903
- Wilson v. Van LeerSupreme Court of Pennsylvania · 1883
- Shields v. IrwinSupreme Court of Pennsylvania · 1802
3Cited by9 opinions
- Wolfe's EstateSupreme Court of Pennsylvania · 1925
- Zell's EstateSupreme Court of Pennsylvania · 1938
- Gibson's EstateSuperior Court of Pennsylvania · 1937
- Knoll v. HartSupreme Court of Pennsylvania · 1932
- Young Men's Christian Ass'n v. MurphyWashington Supreme Court · 1938
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