Legal Opinion

Appeal of Fassett

Supreme Court of Pennsylvania

Decided April 15, 1895No. Appeal, No. 283PublishedCited by 14 opinions

Appeal, No. 283, Jan. T., 1895, by John B. Fassett and Mary J. Fassett, plaintiffs from the defini* tive decree of C. P. Wyoming Co., Nov. T., 1890, Nos. 44 and 45, sustaining exceptions to auditor’s report. Distribution of the proceeds of a sheriff’s sale of real estate.

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Appeal, No. 283, Jan. T., 1895, by John B. Fassett and Mary J. Fassett, plaintiffs from the defini* tive decree of C. P. Wyoming Co., Nov. T., 1890, Nos. 44 and 45, sustaining exceptions to auditor’s report. Distribution of the proceeds of a sheriff’s sale of real estate. From the record it appeared that the land sold was formerly the property of Jason Frost, and that after his deatli it was taken by his sou, H. C. Frost, in partition proceedings, charged with the payment of dower to his mother Mary Frost. On Sept. 2, 1890, John B. Fassett and Mary J. Fassett entered judgments against H. C.…

1Opinion of the Court

Opinion by

Mr. Justice Gbeen,

The auditor found upon abundant■ testimony “that Mar.y Frost gave to her son Henry C. Frost a written receipt for all arrearages of dower due her up to April 20, 1888.” It is beyond all question that by this action the widow intended to give, and did give, to her son, absolutely and without anj>- condition, all the arrearages of dower which were due her to the date mentioned. A title by gift is just as good as a title by deed and cannot be revoked after the gift is completed. In this case the donor has never revoked the gift or attempted to do so, and it is not in…

2Cited by14 opinions

  1. Baum v. PalmerIndiana Supreme Court · 1905
  2. Snyderwine v. McGrathSupreme Court of Pennsylvania · 1941
  3. King's Estate Security-First Nat. Bank v. KingWyoming Supreme Court · 1936
  4. Russell EstateSupreme Court of Pennsylvania · 1956
  5. Schwarz v. PhiladelphiaSupreme Court of Pennsylvania · 1939

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