Gaullaher v. Gaullaher
Supreme Court of Pennsylvania
ERROR to the common pleas of Dauphin county. This was an action of debt by John Gaullaher against Mary Gaullaher and Abraham Horbach, administrators of George Gaullaher, deceased, upon two notes under seal given by the intestate in his life time; the notes were each for the same amount and executed at the same time. “April 10th, 1.832,1 promise to pay to John Gaullaher or order 1000 dollars, as part of five such notes left him by my brother Thomas, as his legacy.
Read the full summary
ERROR to the common pleas of Dauphin county. This was an action of debt by John Gaullaher against Mary Gaullaher and Abraham Horbach, administrators of George Gaullaher, deceased, upon two notes under seal given by the intestate in his life time; the notes were each for the same amount and executed at the same time. “April 10th, 1.832,1 promise to pay to John Gaullaher or order 1000 dollars, as part of five such notes left him by my brother Thomas, as his legacy. Witness my hand and seal. “Geo. Gauluaher.” The facts were, that Thomas Gaullaher, in his life-time, designed to give his brother…
1Per curiam
The principle involved here was discussed in Hoge v. Hoge, 1 Watts 163, where a devise on the faith of a devisee’s promise to dispose of the land for the benefit of the testator’s illegitimate son, was held to raise a trust. There is nothing like noncupation in Such a case; and the principle of it is equally applicable to a bequest of chattels. Here the defendant’s intestate had pledged his promise to pay 5000 dollars in lieu of an intended bequest of the same amount to the testator’s brother; and had not legal securities been given, chancery would have declared the promissor a trustee. But…
2Cases cited1 opinion
- Hoge v. HogeSupreme Court of Pennsylvania · 1832
3Cited by3 opinions
- Donnally v. RyanSupreme Court of Pennsylvania · 1862
- Carver v. ToddNew Jersey Court of Chancery · 1891
- Williams v. VreelandNew Jersey Court of Chancery · 1880