In re Campbell's Estate
Supreme Court of Pennsylvania
Appeal from the Orphans’ Court of Washington. Oct. 28. D. Campbell, jun., administrator of Campbell, filed an account, -which was referred to auditors. From their report it appeared, that accountant was a favourite nephew of the intestate, and had purchased some land from him. Some time afterwards, the intestate had taken two notes from accountant, and the question was, whether he was chargeable with them.
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Appeal from the Orphans’ Court of Washington. Oct. 28. D. Campbell, jun., administrator of Campbell, filed an account, -which was referred to auditors. From their report it appeared, that accountant was a favourite nephew of the intestate, and had purchased some land from him. Some time afterwards, the intestate had taken two notes from accountant, and the question was, whether he was chargeable with them. It was proved, that in the accountant’s absence, the intestate had sent for one Freeman, to prepare assignments of certain notes, &c., held by him. This was done, and the property assigned…
1Opinion of the CourtGibson, C. J.
The notes in question could have been discharged only by a sealed release, or a parol gift of them; the disposition of them insisted on by the accountant was neither. A gift is a contract executed; and, as the act of execution is delivery of possession, it is of the essence of the title. It is the consummation of the contract which, without it, would be no more than a contract to give, and without efficacy for the want of a consideration. If made on sufficient consideration, it would be a binding agreement; but then the nature of the contract would be changed, and there would still be no…
2Cases cited4 opinions
- Fink v. CoxNew York Supreme Court · 1820
- Lyon v. MarclaySupreme Court of Pennsylvania · 1832
- Wentz v. DehavenSupreme Court of Pennsylvania · 1815
- Plumstead's AppealSupreme Court of Pennsylvania · 1818
3Cited by11 opinions
- Kaufmann's EstateSupreme Court of Pennsylvania · 1924
- Chicago Pneumatic Tool Co. v. ZieglerCourt of Appeals for the Third Circuit · 1945
- Allshouse's EstateSupreme Court of Pennsylvania · 1931
- In Re Estate of EvansSupreme Court of Pennsylvania · 1976
- Stewart's EstateSupreme Court of Pennsylvania · 1932
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