Gicker's Administrators v. Martin
Supreme Court of Pennsylvania
Error to the Common Pleas of Series county. This was a feigned issue, directed by the court below, to try the validity of a judgment for $1500, in favour of Elijah Martin, in trust for Lydia Haldeman, against Isaac Haldeman, in which Margaret Gricker and Jacob Wickline, administrators of Solomon Gricker, deceased, were plaintiffs, and Elijah Martin was defendant.
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Error to the Common Pleas of Series county. This was a feigned issue, directed by the court below, to try the validity of a judgment for $1500, in favour of Elijah Martin, in trust for Lydia Haldeman, against Isaac Haldeman, in which Margaret Gricker and Jacob Wickline, administrators of Solomon Gricker, deceased, were plaintiffs, and Elijah Martin was defendant. The facts of the case, as disclosed on the trial, were as follows: The judgment was dated October 11th 1860, conditioned for the payment of $1500, five months after date, with lawful interest on bond, with power of attorney in common…
1Opinion of the Court
The opinion of the court was delivered, by
Woodward, C. J.
Before the Married Woman’s Act of 1848, marriage was a gift to the husband of the wife’s chattels in possession, and of her power over choses in action. If he exercised the power thus conferred upon him, and reduced the choses into possession during coverture, they became as absolutely his property as the rest of his wife’s personal estate, unless, indeed, he accompanied the reduction into possession with declarations importing his intention to stand as trustee for his wife. In the absence of such declarations, however, the legal…
2Cited by2 opinions
- Billington v. SweetingSupreme Court of Pennsylvania · 1896
- Jenkins v. CourtrightSuperior Court of Pennsylvania · 1909