Imhoff v. Witmer's Administrator
Supreme Court of Pennsylvania
Error to the Common Pleas of Lancaster county. This was an action of debt, brought by Henry Imhoff, for the' use of Peggy Witmer, against Andrew Metzgar, administrator of Christian Witmer, deceased, on a bond, dated the 24th January 1842, in the penal sum of $1000, conditioned that if, after the intended marriage of Christian Witmer and Peggy Phillips, the said Peggy should happen to survive the said Christian, her intended husband, then and in such case, the heirs,…
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Error to the Common Pleas of Lancaster county. This was an action of debt, brought by Henry Imhoff, for the' use of Peggy Witmer, against Andrew Metzgar, administrator of Christian Witmer, deceased, on a bond, dated the 24th January 1842, in the penal sum of $1000, conditioned that if, after the intended marriage of Christian Witmer and Peggy Phillips, the said Peggy should happen to survive the said Christian, her intended husband, then and in such case, the heirs, executors, or administrators of the said Christian should, within the space of six months next after his decease, pay to the…
1Opinion of the Court
The opinion of the court was delivered by
Thompson, J.
Five years prior to the execution of the bond in suit, the obligor had been found and decreed an habitual drunkard, under proceedings in the Court of Common Pleas of Lancaster county, and a committee appointed to take charge of his estate. These proceedings remained, and were in full force at the date of the bond, and so continued during his life. The question presented by the record is, whether there remained in the obligor, under these circumstances, any power whatever to contract, so as to bind or affect his estate, although at the time…
2Cases cited2 opinions
- Sill v. M'KnightSupreme Court of Pennsylvania · 1844
- Clark v. CaldwellSupreme Court of Pennsylvania · 1837
3Cited by9 opinions
- Watson AppealSupreme Court of Pennsylvania · 1954
- Brennan's EstateSupreme Court of Pennsylvania · 1933
- Jackson v. Van DresserTennessee Supreme Court · 1949
- Husted v. HustedCalifornia Court of Appeal · 1963
- Estate of TarrSuperior Court of Pennsylvania · 1899
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